Other conditions decisions — 2024

The Veteran's appeal to the Board was received more than one year following the May 2021 AOJ decision. The issue of eligibility for benefits under PCAFC is remanded due to errors in notice and duty to assist.

Your appeals for payment of non-VA home health aide services from November and December 2020 have been resolved by administrative action. The appeal is dismissed as moot.

The appeal to reduce the rating for panic disorder from 70% to 50% is dismissed because it was not a final decision by VA.

The Veteran's right knee instability is rated at 20 percent, and separate ratings of 10 percent are granted for symptomatic semilunar cartilage removal and noncompensable limitation of motion. The claim for a TDIU is denied.

The Board denied the claim for payment of non-VA medical services provided by Lahey Clinic, Inc. on January 28, 2021 due to the untimely submission of claims and lack of evidence supporting an earlier submission.

The Board has determined that the reductions in ratings for right and left forearm strain from 10% to noncompensable (0%) were improper due to a failure to follow procedural requirements, and therefore restored the original 10% ratings.

Your appeals for payment of non-VA medical care provided on July 17, 2020 and July 21, 2020 have been resolved in full by administrative action. The appeals are dismissed.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's respiratory disabilities, specifically bacterial pneumonia. Service connection for interstitial lung disease is granted.

The Veteran's appeals for higher SMC and earlier effective dates have been dismissed due to the Veteran's withdrawal of his appeal.

The Board has granted the Veteran's claim for service connection for sexual disorder, to include other specified sexual dysfunction, as secondary to her service-connected posttraumatic stress disorder (PTSD). The decision is based on evidence showing a positive nexus between the Veteran's sexual disorder and her PTSD.

The Veteran's death precludes eligibility for PCAFC benefits, as the program requires ongoing caregiver services and assessments. The Board denied the appeal due to the unavailability of required care.

The Board has decided to remand the case due to a duty to assist error before the April 2022 rating decision. The Veteran's bilateral elbow disorder is not linked to service, and a medical opinion is needed to clarify its etiology.

The Board has granted service connection for a left elbow disability, finding that the Veteran's current condition is related to an in-service injury during his Army World Series game in Germany.

The Veteran's initial rating for gastritis was granted at a 20 percent level. The penile condition secondary to major depressive disorder is remanded for further review.

The VA denied the Appellant's request for DEA benefits for a Diversity & Inclusion certificate course at eCornell because the institution was only approved for Chapter 31 Veteran Readiness and Employment (VR&E) benefits, not Chapter 35 Dependents' Educational Assistance.

The Board has decided that the Veteran's claim of service connection for colon cancer should be remanded due to a duty to assist error regarding alleged exposure to Agent Orange during his deployment in Korea.

The Board denied a waiver of an overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience due to the Veteran's fault in reporting changes in dependents' status.

The Board has determined that the earliest effective date for DIC benefits is December 12, 2020. This decision does not affect when payments will start.

The Board has determined that the AOJ committed an error in not adjudicating the issue of attorney fees in accordance with procedures for contested claims. The issues are now remanded to determine eligibility and refer them to the VA Office of General Counsel (OGC) for a reasonableness determination.

Your appeal for payment or reimbursement of non-VA treatment on January 28, 2020 has been dismissed because the VA approved your claim and paid you $107.71.