Other conditions decisions — 2024

The Board denied the appeals for payment of non-VA medical expenses incurred on February 19, March 2, March 5, and March 9, 2021, as there was no VA authorization for these services.

The Veteran's claims for increased ratings for left tibial stress reaction and separate rating for left calf atrophy are denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that a general apportionment of the Veteran's VA disability compensation benefits is warranted for D. W., on behalf of her minor child, C. P., due to the Veteran not providing support for his daughter.

The Board has determined that the payment for medical services provided by Fall Prevention Stroke Rehab, LLC on October 23, 2019, is granted as it was pre-authorized and falls under the scope of VA's authorization.

The appeal for an increase in VA compensation benefits apportionment to the appellant's minor child was dismissed as the appellant chose not to proceed under the modernized review system.

The Board denied the Veteran's claim for service connection for a dental injury to his face and teeth, finding no new and relevant evidence since the last denial.

The Board has decided to remand the case due to a lack of clear and unmistakable evidence that the Veteran's right eye conditions pre-existed military service, and for further medical opinions regarding whether any currently diagnosed right eye condition is at least as likely as not caused by or incurred during his military service.

The Board has determined that there are errors in the decision regarding the validity and calculation of the overpayment debt for Chapter 33 educational assistance benefits. The Veteran's claim is being remanded to correct these issues.

The Veteran's lower back strain is currently rated at 20 percent, and the Board has found that a higher rating may be warranted. The case is being remanded for additional development to address this issue.

The Board has determined that the payment for medical services provided by Fall Prevention Stroke Rehab, LLC on December 11, 2019, is granted as per VA regulations and policies.

The Board has granted the Veteran's claims for a June 23, 2014, effective date for the 40 percent rating assigned his joint pain and a 60 percent rating for fatigue. However, because these cases have ceased to exist due to the September 6, 2024 decision granting the exact benefits sought, the claims are dismissed.

The appeal seeking payment or reimbursement for the cost of medical services performed on November 2, 2020 by Aegis Sciences Corporation is dismissed as the benefit has been approved and paid in full.

The Veteran's death was not service connected, and the Appellant did not provide evidence of unpaid ambulance bills. Therefore, the appeal for additional nonservice-connected burial benefits is denied.

The Board has determined that the Veteran's disabilities caused by high cholesterol, including transient ischemic attack (TIA) and atherosclerotic vascular disease, are secondary to his service-connected chronic kidney disease with hypertension and diabetes mellitus. The claim is therefore granted.

The Veteran's appeal for recoupment of separation pay from VA disability compensation is denied. The Board found that the Veteran received separation pay and was later granted VA benefits, warranting recoupment.

The Board has remanded the Veteran's claims for service connection for thoracic strain and gastrointestinal disability (including diverticulitis) due to potential errors in the original decision. The AOJ is required to obtain a VA examination to determine if any current gastrointestinal disability is related to service, including exposure to toxic substances.

The Board has determined that the decision denying payment for non-VA medical services provided by Visiting Angels during July 20 through July 29, 2020 is not in accordance with proper procedures and requires further action.

The Board has granted the Veteran's request for a waiver of his overpayment debt, finding that recovery would be against equity and good conscience due to financial hardship.

The Veteran's 50 percent rating for unspecified trauma and stressor related disorder was reduced to 30 percent, effective April 1, 2022. The Board has restored the 50 percent rating as of April 1, 2022.

The Board dismissed the appeals for payment of non-VA dental services provided on May 7, 2020, May 27, 2020, and June 3, 2020 as they were resolved by administrative action.