Other conditions decisions — 2024

The Veteran's claim for higher initial ratings for right hip extension and flexion of the thigh has been granted. The maximum schedular rating of 10 percent is assigned for each condition.

The Veteran's entitlement to waiver of recovery of Department of Veterans Affairs (VA) pension benefits in the amount of $27,744.00 is granted due to a valid overpayment created by retroactively reducing his VA pension benefits based on his receipt of Social Security Administration (SSA) income.

The appeal for VR&E benefits has been dismissed as the Veteran's eligibility was subsequently granted and they have not raised any other issues.

The Board found that the reduction and termination of pension benefits were proper due to unreported income, but denied restoration of pension benefits.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a non-VA facility on January 9, 2015, was denied because the services were not rendered in an emergency and VA facilities were feasibly available to treat his condition.

The Veteran's appeal for an initial compensable rating for service-connected squamous cell carcinoma of the nasal cavity is dismissed as he has withdrawn his appeal.

The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation.

The Board has remanded the cases for further development due to additional VA treatment records added to the claims file.

The Board has remanded the Veteran's claims for service connection for cellulitis of the right leg and a vascular disability of the lower extremities, to include varicose veins, as secondary to cellulitis of the right leg due to conflicting medical opinions and the need for further development.

The Board has denied the Veteran's claims for service connection for right foot, left foot, shrapnel wound to stomach, and shrapnel wound to hand conditions as there is no persuasive evidence that these conditions began during or are otherwise related to his military service.

The Board has directed the VA to review and provide an opinion on the relationship between the Veteran's syncope, orthostatic hypotension, and his service-connected disabilities. The matter is being remanded for further medical evaluation.

The Veteran's appeal for service connection for adjustment disorder with depressive mood is dismissed due to the withdrawal of his appeal by his representative.

The Board has remanded the claim for further development, including obtaining a medical opinion on the etiology of the Veteran's colon cancer with metastasis to liver and its relationship to service-connected diabetes mellitus type II.

The Board denied a compensable rating for the Veteran's anal fissure and an effective date prior to December 8, 2021 for service connection of obstructive sleep apnea.

The appeals for service connection for a right hand disability and entitlement to TDIU have been withdrawn and dismissed.

The appeal concerning the contractual payment rate for home health services provided by Mennonite General Hospital Ama De Llaves from February 4, 2020, to February 13, 2020, was dismissed due to the specific administrative dispute resolution process.

The Veteran's claims for earlier effective dates for service connection for right and left hip disabilities are denied as the earliest date of receipt of a valid claim is June 4, 2022.

The veteran withdrew his appeal, and the Board has no jurisdiction to review it.

The appeal as to the issue of entitlement to compensation for right foot pain was dismissed due to untimeliness.

The appeal for DIC benefits under 38 U.S.C. § 1318 was dismissed as the notice of disagreement did not identify a valid rating decision which is appealable.