Other conditions decisions — 2024

The Veteran withdrew their appeal before the Board could make a decision.

The Board has dismissed the appeals for payment of non-VA emergency medical services provided on November 26, 2019 and November 27, 2019 due to administrative approvals that reversed previous denials.

The Veteran's dependency benefits for his child, H., were reinstated due to the presumption of regularity being rebutted and the Veteran showing good cause for failing to notify VA concerning the status of his dependents.

The Board has granted service connection for basaloid carcinoma of the tongue, loss of salivary gland function as secondary to service-connected basaloid carcinoma of the tongue, and lymph node cancer as secondary to service-connected basaloid carcinoma of the tongue. The decision is based on direct service connection due to unsafe sexual practices during active duty.

The Board dismissed the appeal as payment for medical services provided by Aztec Pathology LLC on June 29, 2020 was already authorized and will be resubmitted to TriWest with the authorization number.

The Board has remanded the case due to errors in duty to assist and exposure to TERA at Fort Hamilton. The cause of death was listed as gastrointestinal bleeding with hypertensive cardiovascular disease contributing significantly.

The Veteran's VA educational assistance benefits under the Post 9/11 GI Bill have been exhausted, and the appellant cannot receive additional benefits as his entitlement has expired.

The Board has decided to remand the case due to a duty to assist error, requiring an additional VA examination and opinion.

The Veteran was granted an extension of his delimiting date for Post 9/11 GI Bill educational benefits due to service-connected disabilities preventing him from pursuing education.

The Veteran's appeal was initially about his eligibility for nonservice-connected pension benefits. The Board found that he did not have qualifying wartime service and denied the claim, leading to a remand to correct the duty to assist error.

The Board has determined that the reduction of the Veteran's disability rating for her heart disability from 30 percent to 10 percent effective February 1, 2023 was proper and denied her request to restore the 30 percent rating.

The Board has remanded the case due to a pre-decisional duty to assist error, requiring an additional VA examination and opinion to determine whether the Veteran's Non-Hodgkin's Lymphoma causes a permanent and total disability.

The Veteran's claim for a higher rating for left upper extremity cubital tunnel syndrome was granted, with a 20% rating effective from January 1, 2022. The claim for the left elbow scar received a 10% rating based on pain.

The Board has decided to remand the claim of service connection for clubbing fingers due to a duty-to-assist error, requiring an examination.

The Board denied service connection for both left and right feet injuries claimed as frostbite, finding no credible evidence of such conditions during or after service.

The Veteran's resection of large intestine, colon cancer, and irritable colon has been granted a disability rating of 30 percent.

The Board has determined that the revocation of PCAFC eligibility was not properly handled, as no advanced notice was provided before the final decision. The case is being remanded to correct this error.

The Veteran's claims for an earlier effective date and recognition of dependents were denied. The Board found that the children did not meet the eligibility criteria as they were over 18 years old, not pursuing education, and not members of the Veteran's household.,The Veteran failed to notify VA of his current spouse and stepchildren within one year of their existence, which is a requirement for dependency benefits. The effective date was set at December 14, 2020.

The Board dismissed the appeal due to a claims processing rules defect, as the Notice of Disagreement (NOD) did not identify an appealable decision or issue.

The Board is remanding the case due to a pre-decisional error in not consulting with an OIG Fugitive Felon Coordinator regarding the Veteran's good faith efforts to clear the warrant, and for addressing the proper calculation of the overpayment.