Other conditions decisions — 2024

The appeal is dismissed as the administrative action approving payment for non-VA medical services from October 1, 2019, to March 31, 2020, constitutes a reversal of the prior denial and a full grant of the benefit sought.

The Board dismissed the appeal because MedTech Billing Service, Inc., which did not provide the medical services in question, filed a Notice of Disagreement (NOD). The claim was paid and is now moot.

The Veteran's effective date for dependency compensation for his spouse is denied as proof of dependents was not provided within one year of the qualifying rating decision.

The Veteran's death was not recognized as a surviving spouse for VA benefits due to the legal impediment of common law marriage in Ohio, despite the appellant and Veteran having an intent to marry. The Board found no valid common-law marriage or other exception to the one-year requirement.

The Board has determined that the burial benefits application file is incomplete and requires additional records to be obtained before a decision can be made.

The Board has decided to remand the case due to insufficient notice provided by the AOJ in their decision regarding payment or reimbursement for non-VA medical services. The appellant must be given proper notice as required by law.

The appeal is denied as there was no VA authorization for the non-VA medical services provided on February 12, 2021.

The Veteran seeks an earlier effective date for additional dependency compensation for his current spouse and minor stepchildren, but the Board finds that such dates are not warranted due to lack of timely notification.,The Veteran's claim for additional dependency benefits was granted on March 16, 2022, with payment starting April 1, 2022. The effective date is based on when VA received notice of the dependent's existence.

The appeal is denied as there is no legal basis for payment of medical expenses incurred on February 23, 2021.

The Veteran's claim for service connection for cold injury residuals of the bilateral ears is being remanded due to a lack of a VA examination and opinion regarding whether his current ear pain may be related to service.

The Board denied the appeals for payment of non-VA medical expenses incurred on February 9, 2021 and February 12, 2021 due to a lack of VA authorization.

The Veteran's non-VA medical expenses incurred on July 22, 2020 were denied as there was no VA authorization for the services.

The appeal was dismissed as the claim for payment or reimbursement of non-VA medical services provided to the Veteran on January 17, 2020, has been resolved in favor of the appellant by administrative action.

The Board denied the Veteran's appeal as the termination of his special monthly pension benefits at the aid and attendance rate (SMP-AA) was proper due to lack of evidence showing income and medical expenses.

The Veteran is reasonably discharging his responsibility for support of the children, M.J. and S.J., but the appellant does not meet the criteria to establish financial hardship for an apportionment.

The Board has denied the Veteran's claims for service connection for left leg pain, right leg pain, and lower back pain as there is no current diagnosis of these conditions.

The Veteran's appeal for service connection of chronic myloid leukemia has been dismissed as the appellant withdrew his appeal through his authorized representative.

The Veteran passed away in June 2011 and had a pending claim for service connection for prostate cancer. However, the liberalizing law allowing retroactive claims was not applicable at the time of his death.

The Board has granted the Veteran's claim for service connection for carcinoma of the left neck, including adenocarcinoma in the lymph nodes and squamous cell carcinoma. The new evidence submitted suggests that the cancer is likely due to Agent Orange exposure during service.

The Board has dismissed the appeal as the payment for non-VA medical services provided on October 28, 2019 is governed by statutory and contractual authority that does not allow for review by the Board.