Other conditions decisions — 2024

The Board dismissed the appeal for payment of non-VA care provided by Mercy Fitzgerald Hospital Health Partners on July 8, 2020, as it is not within the jurisdiction of the Board due to the VCCP's contractual agreements and lack of authority for review.

The Board has decided to remand the case due to a pre-decisional duty to assist error and requires further development of the record.

The Board has remanded the case due to procedural issues and for a determination regarding the reasonableness of attorney fees awarded from past-due benefits.

The Veteran's claim for service connection for a penile condition, which is secondary to his right ankle lateral collateral ligament disability, has been denied as there is no current diagnosis of the claimed condition.

The Board has granted challenges to the propriety of both $11,805.98 and $21,819.10 portions of the Veteran's overpayment. The decision is based on the Veteran not causing or contributing to the creation of these amounts.

The Veteran's service-connected Cerebral Vascular Accident (CVA) rendered him unable to secure or maintain substantially gainful employment as of October 4, 2020. His TDIU claim is granted with an effective date of that day.

The Board has granted challenges to the propriety of the creation of the overpayment and remanded for a paid and due audit to determine the amount of overpayment, with some portion potentially being refunded.

The Veteran withdrew his appeal regarding the entitlement to Veteran Readiness and Employment (VR&E) benefits under 38 U.S.C. Chapter 31, citing a different route for his education claim.

Your appeal has been resolved in full by administrative action. The cost of non-VA medical services provided to you on October 9, 2020, was approved.

The appeal was dismissed because the Veteran died during the pendency of the appeal.

The Board has granted the Veteran's claim for service connection for nephrolithiasis (kidney stones), finding that there is a causal relationship between the condition and active duty service.

The Veteran's claim for an effective date of August [REDACTED], 2019, for the addition of his stepchild D.Y. to his VA disability compensation is granted due to evidence submitted prior to July 2020 indicating that D.Y. became a member of the Veteran's household on the date of marriage.

The Veteran's cause of death was granted service connection in a September 2023 rating decision, making the original appeal moot.

The Veteran's right thumb impairment is rated at 30 percent, but no higher, as a moderately severe muscle disability. The appeal for a separate rating for nerve damage affecting the right thumb is remanded.

The Veteran's left elbow strain, which occurred during active duty service and was related to parachute jumps he participated in, has been granted service connection.

The Veteran's claim for service connection for a neck condition was granted with a 30% disability evaluation effective May 5, 2022. The Board found no basis to grant an earlier effective date.

The appeal has been resolved in full by administrative action as the VHA administratively approved the appellant's claim for payment or reimbursement of dental services provided to the Veteran on January 28, 2020. The appeal is therefore dismissed.

The Board has granted a 70 percent rating for the Veteran's unspecified trauma or stressor related disorder, finding that his disability picture more nearly approximates the level of severity required for this rating.

The Board has decided to remand the case due to a duty to assist error and needs to obtain treatment records from a private orthopedist.

The Veteran's claim for a 20 percent rating for right foot sinus tarsi syndrome was granted with an effective date of June 14, 2018. The Board found that the disability had been manifested by symptoms more nearly approximating the criteria for a 20 percent rating since she filed her initial claim on June 14, 2018.