Other conditions decisions — 2024

The Board denied the waiver of recovery of an overpayment of Department of Veterans Affairs pension benefits due to incarceration, finding that total recovery would not violate principles of equity and good conscience.

The Board has determined that the Veteran's insomnia is at least as likely as not related to his service-connected tinnitus, and thus grants service connection for insomnia.

The Veteran's right leg shin splints have not required treatment for no less than 12 consecutive months and are unresponsive to conservative treatments. The Board finds that a compensable rating is not warranted.

The Veteran's appeal for payment or reimbursement of a non-VA medical service provided on November 29, 2023 is dismissed as the applicable statutes and regulations do not allow for Board review in this case.

The Veteran's remains were buried in a state cemetery, not a national one. Therefore, the claim for reimbursement of burial transportation expenses is denied.

The Veteran's back disability is rated at 40 percent, which is the maximum rating available under the applicable diagnostic codes. The appeal for a higher rating is denied.

The Veteran's death was not due to a service-connected condition, and therefore no additional burial benefits are available. The Appellant has been awarded the maximum allowable amount of $2,000 for burial expenses.

The appeal for burial benefits has been dismissed due to the appellant's death during the pendency of the appeal.

The Board has remanded the Veteran's claims for service connection for COPD, a neurological disorder, diabetes, and sleep apnea, as well as his claim for an increased evaluation for acid reflux due to in-service exposure at Camp Lejeune.

The Board has determined that the Veteran's disability manifested by fatigue and muscle pain, which he claims as fibromyalgia, is due to an undiagnosed illness and began during service in the Southwest Asia theater of operations. The decision grants service connection for this condition.

The Veteran's claim for payment or reimbursement of medical expenses from a non-VA facility on June 11, 2021 is remanded due to the lack of supporting documentation. The AOJ must provide the Veteran with an opportunity to clarify details and submit relevant medical and billing documents.

The Board has determined that the claims file is incomplete and requires additional information related to the Veteran's service dates and any previously established service connection. The case is being remanded for this purpose.

The Veteran's claim for payment or reimbursement of medical expenses incurred at the Mayo Clinic Rochester on October 29, 2014, is denied as there was no prior authorization and the treatment did not meet the criteria for emergency treatment under VA regulations.

The Veteran's appeal for a higher rating for his service-connected bilateral foot fungus disability is remanded due to the inadequacy of the January 2020 VA examination. The Board finds that additional development, including a retrospective opinion on the severity and treatment of the condition during the appeal period, is needed.

The Board has restored service connection for unspecified trauma and stressor related disorder, effective from the date of the severance.

The appeal is dismissed because the appellant died during the pendency of the appeal, and the Board cannot issue a decision on the underlying claim at this time.

The appeal is denied because the non-VA medical services provided on February 26, 2021 were not authorized by VA and there was no legal basis for payment.

The appeal is dismissed as the VHA has already corrected and paid for the underpayment of non-VA medical care provided by HHHC to the Veteran from June 1, 2019, to June 30, 2019.

The Veteran requested to withdraw his claim for service connection for essential blepharospasm, and the Board dismissed it as a result.

The Board has dismissed the Veteran's claims for payment or reimbursement of non-VA medical services provided on December 21, 2019, as both claims were initially denied but later authorized through the Office of Community Care. The Veteran is advised to file an appeal with TriWest regarding these claims.