Other conditions decisions — 2024

The Board has decided to remand the case due to a failure by the AOJ to obtain an adequate VA medical examination and opinion, which was required in order to determine if there is CUE in granting service connection for a deviated nasal septum. The Veteran's claim will be returned to the AOJ for further action.

The Veteran's claims for service connection for various finger conditions are denied. The Board found no current diagnosis of loss of fine motor skills in the fingers and concluded that the Veteran's symptoms were related to his cervical strain with degenerative joint disease, which is separately service connected.

The Veteran's atrial fibrillation was previously granted service connection on a presumptive basis due to herbicide agent exposure in Korea. The AOJ now proposes to sever this service connection, and the Board is remanding the case for further evaluation.

The Board denied the Veteran's claims for initial compensable ratings for right and left shin splints as there was no evidence of treatment for 12 consecutive months or more during the claim period.

The Board has dismissed the appeals for payment or reimbursement of non-VA medical services provided by appellant on October 20, 2020, and November 17, 2020. The claims were denied due to lack of authorization but were processed and paid according to VA policy.

The Veteran's appeals for an earlier effective date for TDIU and SMC based on aid and attendance/housebound were dismissed due to untimely filing of the VA Form 10182, which was more than one year after the respective rating decisions.

The Veteran's travel to a VAMC on June 25, 2024, was for an emergency medical situation. The Board found that her income did not exceed the maximum annual rate of pension (MAPR), thus granting reimbursement.

The Board has granted service connection for the Veteran's cancer of the small intestine (also claimed as neuroendocrine cancer), finding that his exposure to herbicides in Vietnam and/or contaminants at Camp Lejeune is likely related to his condition.

The Veteran's claims for beneficiary travel benefits associated with medical appointments on September 5, 2023, and October 4, 2023 are being remanded due to a duty to assist error. The AOJ must correct the errors by obtaining all relevant documentation and evidence, including call records related to the Veteran's claims.

The Board has determined that the VA certificate of eligibility for Chapter 33 educational assistance benefits was issued incorrectly, as it only considered two periods of active duty service without clarifying all periods. The appeal is remanded to correct this error and clarify the nature and dates of the Veteran's periods of active duty service.

The Veteran's claims for special monthly compensation (SMC) based on the need for regular aid and attendance of another person and SMC on account of being housebound have been dismissed as moot due to the grant of SMC based on the need for regular aid and attendance of another person.

The Veteran's claim for payment of unauthorized non-VA ambulance transportation services provided on October 7, 2020 is being remanded due to the need for additional evidence and proper development under applicable regulations.

The Board dismissed the appeal for a compensable rating for herpes labialis as the appellant requested to withdraw the appeal prior to the issuance of a decision.

The Veteran's claim for an earlier effective date for the grant of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) has been dismissed as moot because the TDIU was granted with an effective date of July 19, 2018.

The appeal is dismissed as the claim for payment of non-VA medical care has been resolved by administrative action.

The Board denied the appellant's claims for payment of non-VA emergency medical treatment services provided to the Veteran on January 6, 2020 due to a lack of timely filing within the required 90-day period.

The Board has dismissed the claim for service connection for colon cancer as it was already adjudicated and is moot.

The Veteran's appeal is remanded for further development, including obtaining a VA examination to assess his left ankle symptoms and developing the TDIU claim that was reasonably raised by the record prior to the rating decision on appeal.

The Veteran's gouty arthritis of the right great toe is rated at 20 percent, but no higher, due to moderately severe symptoms including intermittent pain with varying degrees of severity during flare-ups, stiffness, swelling, redness, tenderness, limited range of motion, weakened movement, instability of station, fatigue, and interference with standing and locomotion.

The Veteran's attorney was not eligible for direct payment of attorney fees based on the March 2023 decision that granted additional compensation in the form of a dependency allowance for the Veteran's spouse.