Other conditions decisions — 2024

The Board denied the claim for service connection for cause of death and DIC benefits, finding that there was no evidence linking the spouse's causes of death to his military service or any service-connected disabilities.

The Board has dismissed the appeal because it does not have authority to review disputes over contractual payment rates for services provided under Veterans Care Agreements (VCAs).

The Veteran's service did not meet the minimum active duty requirements for pension benefits, and his arguments were found to be unpersuasive.

The Board has found a pre-decisional error in VA's duty to assist and remands the case for further action, including verification of the Veteran's service in Vietnam.

The Veteran is seeking an earlier effective date for service connection for loss of smell, loss of taste, and trigeminal nerve disability stemming from his broken jaw. The AOJ failed to properly adjudicate these claims.

The Veteran's claim for an earlier effective date for service connection of hysterectomy was denied as there is no legal basis for such a request given the finality of the January 2019 rating decision.

The Veteran's left elbow limitation of extension and flexion have been denied as they do not meet the criteria for higher ratings.,The Veteran's left elbow pronation has been granted a 30% rating, but he is already in receipt of the maximum available rating.

The appeal is denied as there was no VA authorization for the non-VA medical services provided on August 20, 2021.

The Veteran's appeal for payment of non-VA medical expenses incurred on November 20, 2018 is denied as there was no VA authorization for the services.

The appeal seeking payment for non-VA dental services provided on November 26, 2019 has been dismissed as the claim was administratively approved.

The Board dismissed the appeal for payment of non-VA medical services provided on November 5, 2019, as Convergent did not file a proper Notice of Disagreement and is not accredited to represent claimants before VA.

The Board has granted the Appellant's request for an adjusted effective date of August 12, 2002 for retroactive DEA benefits. The decision is based on her eligibility and application being filed within one year of the initial approval of basic eligibility to DEA benefits.

The Board has dismissed the appeal as it pertains to a contractual payment rate for medical services provided under a Veterans Care Agreement, and does not involve service connection or exposure to specific hazards.

The Veteran's spouse and child are granted a general apportionment of the Veteran's VA disability compensation benefits, with an amount equal to the dependency allowance for W. B. and D. B.

The Board has determined that the decision regarding eligibility for PCAFC benefits is legally inadequate and requires further review by the AOJ. The AOJ must provide proper notice of the decision as required by law, including identification of whether or not the claim meets the criteria under 38 U.S.C. § 1720G and 38 C.F.R. § 71.15-71.25. Additionally, a new medical determination is needed to evaluate the Veteran's need for personal care services, supervision, protection, and instruction.

The Board has granted service connection for a right foot disability, manifesting as right foot pain, finding that the evidence is at least evenly balanced in favor of the Veteran's claim. The decision resolves reasonable doubt in favor of the Veteran.

The appeal concerning entitlement to payment of the cost of non-VA medical services provided on February 22, 2020, has been dismissed as the issue was administratively resolved in favor of the appellant.

The Board denied the appellant's claim for accrued benefits as she did not file a claim within one year of the Veteran's death.

The Board has determined that the Veteran's squamous cell carcinoma of the left anterior true vocal cord is at least as likely as not related to in-service exposure to solvents, and thus service connection for this condition is granted.

The Veteran's blood clots in the chest and left leg are remanded for further development, including obtaining an addendum opinion to determine if they are related to service exposure to herbicides.