Other conditions decisions — 2024

The Veteran's claim for a higher rating for sigmoid resection with an end colostomy, repair of colovesical fistula, and diverticular disease of the intestines is being remanded due to incomplete records from the Social Security Administration.

The Board denied the Veteran's request for payment or reimbursement of non-VA medical expenses incurred on November 30, 2021 due to a lack of pre-authorization and because the services were not treatment for an emergency.

The Board denied the appellant's claim to be recognized as the Veteran's surviving spouse due to a lack of continuous cohabitation from the time of their marriage until the Veteran's death in October 2021. The appellant and the Veteran separated in June 2001, which was by mutual consent.

The Board denied the Veteran's request for an earlier effective date for adding her spouse to her VA disability compensation, finding that she did not provide necessary information within one year of relevant dates.

The Veteran's claim for service connection for optic atrophy was granted with an effective date of January 29, 2018.

The Board has remanded the case due to issues regarding the Veteran's employment status and the calculation of overpayment amount. The AOJ is instructed to determine if the Veteran became employed at VA in September 2014, and then conduct a paid and due audit accordingly.

The Board denied the Veteran's claims for payment or reimbursement of non-VA medical expenses incurred on various dates due to a lack of VA authorization for the services.

The Board denied the Veteran's claims for payment or reimbursement of non-VA medical expenses incurred on August 19, 2021, and September 7, 2021, due to a lack of VA authorization for the services.

Your appeal for service connection for coxiella burnetii infection has been dismissed as you have requested to withdraw the appeal.

The Board denied the veteran's claims for payment or reimbursement of non-VA medical expenses incurred on February 1, 2021, and January 25, 2021, due to a lack of pre-authorization from VA.

The Board found that the reduction of pension benefits from March 1, 2010 was proper due to the Veteran's excessive income.

The Board has determined that there is insufficient information in the record to make a determination on the appellant's claim for payment of non-VA medical services provided on August 12, 2019. The Board finds remand necessary to gather and consider additional evidence.

The Board denied the Veteran's waiver request for an overpayment of VA compensation benefits, finding that the Veteran was at fault in creating the debt due to concurrent receipt of military drill pay and VA compensation. The decision also noted that recovery would not result in undue hardship as the Veteran had a reasonable income exceeding his expenses.

The Board denied the Veteran's request for a waiver of overpayment of educational assistance benefits under Chapter 33, finding that recovery would be against equity and good conscience due to the Veteran's financial hardship caused by unforeseen medical complications.

The Board has denied service connection for a restrictive lung disability and remanded the issue of service connection for spleen neoplasm due to insufficient evidence. The Veteran's personnel records indicate potential exposure to radiation during service, but further examination is needed to determine if this condition is related to his time in Antarctica.

The Board has remanded the Veteran's claims for service connection for right hip nerve and bone conditions due to missing Service Treatment Records from Selfridge AFB.

The Board has granted an initial rating of 70 percent for the Veteran's right hip replacement condition, finding that it manifests with markedly severe residual pain and limitation of motion.

The Board has remanded the case due to a duty to assist error, specifically regarding missing service personnel records that could provide context for the appellant's discharge under other than honorable conditions.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Board has granted the Veteran's claim for service connection for status post left 4th toe fracture (claimed as left foot pain), finding that it was incurred during active service or caused by an event, injury, or disease occurring in active service.