Other conditions decisions — 2024

The Board has identified a duty to assist error and has remanded the claim of entitlement to TDIU due to incomplete VA records. The Veteran is advised to submit any non-VA treatment records that may be relevant to this claim.

The Board denied service connection for memory loss and lack of concentration, as well as a compensable rating for bilateral hearing loss prior to February 14, 2023, and a higher than 10 percent rating for bilateral hearing loss from that date.

The Veteran's dental services provided by the appellant on September 23, 2020 are eligible for VA payment. However, due to a system issue in processing the claims, the matter is remanded to instruct the appellant to resubmit the claim and for VHA to process it.

The Board has dismissed the appeals of three issues related to payment for non-VA medical services provided on March 30, April 6, and June 4, 2021. The Veteran received care through the Veterans Community Care Program (VCCP) by an authorized in-network provider, but no determination was made by VA regarding these claims.

The Board found that the overpayment of $336.00 due to the termination of VA compensation benefits for a deceased spouse was valid and denied recovery, finding fault on both the Veteran's part and the VA's in creating the debt.

The Board denied the Veteran's claim for service connection for chronic lower back pain, finding that there is no evidence of a nexus between his current disability and an in-service injury or disease.

The Veteran's death was not service-connected, and his cremains have not been interred in a cemetery. Therefore, the claim for burial benefits is denied.

The Board denied the Veteran's claim for payment or reimbursement of non-VA medical expenses incurred on January 28, 2021 due to a lack of VA authorization for such services.

The Board denied the Veteran's claim for service connection for severe cardiomyopathy, finding that there was no evidence linking his condition to active service or environmental exposures. The Board concluded that the Veteran's cardiomyopathy is more likely caused by alcohol use rather than service.

The Board denied the Veteran's claim for a waiver of the recoupment of an overpayment debt in the amount of $735 arising from VA education-related benefits. The decision found that the Veteran contributed to the creation of his overpayment by failing to notify the AOJ of his status change, and thus waived the overpayment is denied.

The Veteran's gastrointestinal disability, including spastic sphincter with dyssynergic defecation pattern and constipation due to undiagnosed illness, is rated at the maximum schedular rating of 30 percent. The Board finds that his symptoms do not meet the criteria for an extraschedular evaluation, but refers the case to the Director of Compensation Service for consideration.

The Board denied service connection for bilateral macular degeneration and photophobia as there is no competent medical evidence linking these conditions to the Veteran's military service.

The appeal is denied as there was no VA authorization for the non-VA medical services provided on March 11, 2021.

The Board has decided to remand the case due to errors in obtaining VA medical records and conducting a VA examination. The Veteran's urinary disorder is being reviewed again, along with his service-connected obstructive sleep apnea.

The Veteran's claims for additional dependency benefits for his adult children based on school attendance were denied as both children turned over the age of 23 and were not in school.

The Board denied the appellant's claims for payment of non-VA medical expenses incurred on February 5 and February 19, 2021, due to a lack of VA authorization.

The Board found that the Veteran is not in need of personal care services for a minimum of six continuous months due to his ability to perform ADLs independently and does not have any neurological or physical impairments requiring supervision, protection, or instruction. The PCAFC eligibility decision was denied.

The Board dismissed the appeal because the claims for VA payment of medical services provided by the appellant were determined to be timely, resolving the threshold issue.

The appeal was dismissed as the claim for payment of non-VA emergency medical services provided to the Veteran on December 11, 2020, has been resolved by administrative action.

The Board has dismissed the appeal as the Veteran died during the pendency of the appeal, and thus no decision can be made on the merits.