Other conditions decisions — 2024

The Veteran's initial evaluation for other specified insomnia disorder was denied, as his symptoms did not meet the criteria for a higher rating.

The Veteran's claim for service connection for chronic myeloid leukemia was granted on a presumptive basis due to herbicide agent exposure, effective October 9, 2019. Additionally, the Veteran's SMC based on housebound status was also granted effective October 9, 2019.,The Veteran has been granted an earlier effective date of October 9, 2019 for both service connection and SMC due to his chronic myeloid leukemia.

The Board has determined that there is an error in the calculation of past-due benefits awarded in the August 2022 rating decision and requires a corrected audit to determine the correct amount.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's heart conditions, specifically congestive heart failure (CHF), implanted automatic implantable cardioverter defibrillator (AICD), and atrial fibrillation. The examiner is requested to provide a medical opinion on whether these conditions are related to service or herbicide agent exposure.

The Veteran's claims for an earlier effective date for TDIU and Dependents' Educational Assistance (DEA) benefits are being remanded due to a duty to assist error. The Board notes that the Veteran has been in receipt of Social Security Disability (SSD) benefits during the appeal period, but SSA records have not been obtained.

The Board denied the Veteran's claim for a compensable rating for broken #8,9 teeth due to lack of evidence showing all upper anterior are missing or lost masticatory surface cannot be restored by suitable prosthesis.

The Veteran's claim for service connection for a height loss disorder is denied as there is no current disability of height loss at any point during the appeal period.

The Veteran's claims for increased ratings for various neurological conditions are being remanded due to the need for additional examination and evaluation.

The Board has dismissed the issue as the Veteran was found competent in a previous rating decision.

The Board has determined that the Veteran's right and left lower extremity nerve disabilities are related to service or a service-connected condition, and remands for further examination and opinion.

The Board dismissed the appeal regarding whether the contractual payment rate for home health services provided by MGHAL to the Veteran from January 9, 2020, to January 21, 2020, was proper. The decision is based on the specific administrative dispute resolution process under Veterans Care Agreements (VCAs) which does not allow for appellate review.

The Veteran's spouse was added to his award for dependency compensation on November 1, 2020. The appeal is denied as the earliest possible effective date is the date of receipt of claim.

The appellant is not entitled to additional accrued benefits as the Veteran's son, and his reimbursement for expenses related to the last sickness of the Veteran was correctly calculated at $1,788.28.

The Veteran's claim for recognition of his spouse L.S.C. is granted as he has submitted sufficient evidence to establish that she is legally married and meets the disability rating requirement.

The appeal is dismissed as the claim for payment of non-VA medical services provided on December 4, 2020 has been resolved administratively by the VA.

The appellant withdrew her appeal regarding entitlement to service connection for cause of the Veteran's death during a hearing, and the Board dismissed the appeal due to lack of remaining issues for review.

The Board has denied the Veteran's claims for payment or reimbursement of non-VA medical expenses incurred on November 6, 2019, and November 19, 2019. The reasons provided are that there was no VA authorization for these services and they were not treatment for a medical emergency.

The appeal is dismissed as the claims for VA payment of medical services provided by the appellant at Parkland Health Center from August 28, 2021, through August 29, 2021 were found to be timely.

The Board has dismissed the appeal as the claim for additional VA compensation benefits for the Veteran's spouse has already been granted and is effective since April 2, 2015.

The Board has dismissed the appeal for payment of non-VA home health services provided by Mennonite General Hospital on January 2, 2020, as it is subject to a specific administrative dispute resolution process that does not allow for appellate review.