Other conditions decisions — 2024

The Board has remanded the Veteran's claims for additional development of his VA treatment records and to obtain any missing orthopedic treatment records from Community Care.

The Board has remanded the case due to a lack of an Explanation of Benefits (EOB) showing the amount already paid by the Veteran's other insurance provider and the nature and amount of the remaining balance for his treatment at a non-VA facility in June and July 2017. The Veteran is asked to provide this documentation.

The Veteran's right and left shin splints were not found to warrant a higher rating as the evidence did not show moderate knee or ankle disability.,Additional separate ratings for pain are not warranted due to pyramiding.

The Board has granted service connection for squamous cell carcinoma, finding that the evidence is in approximate balance as to whether it is related to in-service sun exposure. The Veteran's claim was previously denied due to lack of a diagnosis of basal cell carcinoma and remanded issues have been resolved.

The Veteran's neurological conditions, including ataxia and active tremors, are being remanded for further review due to the need for a VA opinion on whether medications used to treat his service-connected lung disability caused or aggravated these conditions.

The Board has remanded the case due to ambiguities in the previous opinion regarding herbicide exposure and the diagnosis of colon cancer during a 2001 colonoscopy.

The Veteran's claims for earlier effective dates prior to March 14, 2017, for service connection of Non-Hodgkin's Lymphoma (NHL), secondary loss of all teeth, and secondary loss of lower anterior ridge of mandible have been denied. The effective date has not been assigned as the evidence did not support direct service connection at the time of the August 2017 rating decision.

The Board has remanded the claims for service connection for bilateral foot disorders, including pes cavus with plantar fasciitis and peripheral neuropathy. The remand requires an addendum opinion to address whether any current disabilities are clearly and unmistakably preexisting or related to service.

The Board has granted the appellant's appeal, upgrading his character of discharge from under other than honorable to under honorable conditions (general), and he is now eligible for VA benefits.

The Board has dismissed the appeal as there is no administrative review process for disputes related to contractual payment rates under Veterans Care Agreements (VCAs). The appellant's claim seeking additional payment for home health services provided in April 2020 was dismissed.

The Board has dismissed the appeal regarding an earlier effective date for TDIU as it is considered a duplicate of another pending appeal under a different docket number.

The Veteran's child dependent A.R.C. was properly removed from the Veteran's VA compensation award due to her being in receipt of DEA benefits as of August 22, 2020.

The Board has decided to remand the case due to a duty-to-assist error and needs additional medical opinions regarding the etiology of the Veteran's right hip disorder.

The Board has remanded the Veteran's claims for service connection for left hip strain and right hip strain due to insufficient medical opinions addressing whether these conditions are proximately due or aggravated by his service-connected left knee strain.

The Veteran's malignant invasive urothelial carcinoma is related to his service, and he has been granted service connection for this condition. However, as service connection has already been established, the claim for compensation under 38 U.S.C. § 1151 is moot.

The Veteran's claim for SMC based on aid and attendance/housebound due to service-connected disabilities is being remanded due to pre-decisional duty to assist errors. The VA must obtain the Veteran's outstanding private treatment records from Sandgate Gardens and Dr. Nduku, and provide an adequate medical opinion regarding the need for aid and attendance.

The appeal of the attorney fees eligibility issue has been dismissed as the appellant requested a withdrawal prior to the Board's decision.

The Board found that the overpayment debt was valid and denied a waiver of recovery due to fault on the part of VA, but also noted that repayment would not cause undue financial hardship.

The Board has determined that the Appellant's character of discharge from service is dishonorable, which constitutes a bar to VA benefits. The appeal is denied.

The Board has dismissed the appeal as there is no administrative review process for disputes related to contractual payment rates under Veterans Care Agreements (VCAs). The appellant's claim seeking additional payment for home health services provided in March 2020 was dismissed.