Other conditions decisions — 2024

The Board has denied service connection for left and right hand conditions due to a lack of current disability or symptoms. The issues of entitlement to service connection for an acquired psychiatric disorder, heart condition, obstructive sleep apnea (OSA), left foot condition, and right foot condition are remanded as they are inextricably intertwined with the diabetes claim.

The Board denied the Veteran's requests for earlier effective dates for service connection of right and left foot trench foot based on clear and unmistakable error (CUE) in a July 1994 rating decision. The Board found that the evidence available at the time of the denial was sufficient to deny the claim, and there were no errors or changes in outcome due to CUE.

The Board has denied service connection for a skin condition, but remanded the issue of service connection for respiratory disability. The Veteran's skin condition claim was denied due to lack of current evidence, while his respiratory disability claim is pending and requires further examination.

The Veteran withdrew his appeal for service connection of a lung disability, and the Board dismissed the case as a result.

The Board has decided that the AOJ has not fully addressed the appellant's claim for survivor's benefits on behalf of her children, who are minors. The case is being remanded to adjudicate this issue.

The Veteran withdrew his appeal regarding the claim for service connection for left patellar tendonitis.

The Board dismissed the appeal regarding reimbursement of non-VA medical care provided to the Veteran on April 30, 2020. The appellant requested withdrawal of the appeal.

The Board has decided to remand the case due to the need for additional medical opinions regarding the Veteran's eye disability, specifically whether it is secondary to service-connected ischemic heart disease or hypertension and related to TERA exposure.

The appeal is dismissed because the appellant, Anesthesia Consultants Medical Group, received care through the Veterans Community Care Program and was not paid for services provided on November 6, 2020. The process for billing under this program does not allow for review by the Board.

The Board denied the Veteran's claim for service connection for a heat stroke as there is no evidence of current disability or in-service event that could be linked to his claimed condition.

The Board denied the appellant's request for an extension of his educational benefits beyond November [REDACTED], 2021, as per VA regulations which state that transferred Post-9/11 GI Bill education benefits cannot be paid beyond a child's 26th birthday.

The appeal was dismissed as the AOJ administratively approved payment for non-VA medical care provided on December 26, 2020.

The Board has remanded the issues of service connection for bilateral knee disability and cervical spine disability (claimed as neck condition) due to a service-connected right foot strain. The current rating for right foot strain remains at 10 percent.

The Board has dismissed the appeal as no further action is needed since the appellant was informed of the approval and how to obtain payment for ambulance services provided on June 10, 2020.

The appeal seeking payment for home health services provided to the Veteran is dismissed because the dispute process under Veterans Care Agreements does not allow for Board review.

The Board dismissed the appeal for payment of non-VA home health services provided to the Veteran, as the dispute process under Veterans Care Agreements does not include review by the Board.

The Board denied an earlier effective date for the award of Total Disability Rating Based on Individual Unemployability (TDIU) as it was filed after April 2, 2021 and there were no prior pending claims.

The Board denied the appellant's claim for nonservice-connected survivor's pension benefits due to her income exceeding the maximum annual pension rate (MAPR). The appellant did not meet the specific income requirements to be eligible for survivor's pension benefits as a surviving spouse of the Veteran.

The Board has determined that the overpayment of Chapter 33 (Post-9/11 GI Bill) housing benefits in the calculated amount of $2,496.59 was not validly created due to sole VA error. As such, the appeal is granted.

The Board has granted service connection for the appellant's tongue cancer, finding that it is likely related to his service-connected major depressive disorder.