Other conditions decisions — 2024

The Veteran is granted a clothing allowance for the calendar year 2023 due to his service-connected disarticulation of left hip, which causes wear and tear on his pants legs.

The appeal for DIC benefits has been dismissed as the appellant, through his authorized attorney representative, requested a complete withdrawal from the appeals process.

The Board has remanded the case due to a lack of an addendum or new VA examination addressing the Veteran's reports of dyspnea and chest pain, which are associated with service treatment records showing respiratory symptoms.

The Board has decided to remand the cases of service connection for right and left metatarsal issues due to outstanding private treatment records from a facility on E. 11th Street that have not been obtained by VA.

The appeal for payment or reimbursement of non-VA medical services provided by the appellant from February 3, 2019 to February 8, 2019 is dismissed as the episode of care was administratively reviewed and approved.

The Board dismissed the appeal as it does not have authority to decide this matter, which concerns a VA decision on whether to authorize payment for non-VA medical services under the VCCP.

The Board has decided to remand the case due to a failure to provide adequate assistance in obtaining evidence related to the Veteran's intestinal disability, including service treatment records that indicated similar symptoms during service.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) was dismissed due to his death during the pendency of the appeal.

The Board has decided to remand the claim of service connection for HSV, as secondary to PTSD, due to insufficient development and lack of an adequate medical opinion regarding the relationship between the Veteran's HSV and her service-connected PTSD.

The Veteran's appeals for increased benefits under the PCAFC and an earlier effective date have been remanded due to inadequacies in the medical opinions supporting the decision.

The Veteran's left lower extremity ilio-inguinal neuralgia is rated at zero percent, the minimum rating available under VA regulations. The Board found that the evidence did not support a finding of severe or complete paralysis.

The Veteran's service connection claim for Hodgkin's lymphoma is granted due to presumed exposure to burn pits and toxins, but the direct basis of his claim must be remanded as it may provide additional benefit in terms of an earlier effective date.

The Board has determined that the AOJ improperly terminated VA compensation benefits due to a fugitive felon status without sufficient evidence of an active warrant and NCIC code indicating flight or probation/parole violation. The case is remanded for further action.

The Board has remanded the claims of entitlement to an earlier effective date for the grant of a total disability rating due to individual unemployability (TDIU) and entitlement to an earlier effective date for Dependents' Educational Assistance under 38 U.S.C. chapter 35 (DEA). The Veteran is requested to provide employment information from AT&T Stadium, Legends Concessions, and Social Security Administration records are sought.

The Board has granted the Veteran's claim for service connection for a left elbow disability, finding that his symptoms began during active service and are related to an in-service injury.

The Board has remanded the case due to insufficient records and lack of clarity regarding the overpayment debt creation process. The Veteran's dependent spouse, M.A.L., challenges both the propriety of the overpayment creation and its recoupment.

The Board has determined that there is a duty to provide a clear accounting of the total overpayment debt and determine if the Veteran's deployment and notification about internet access issues constitute a valid request for withdrawal. The case is being remanded to the Committee on Waivers and Compromises (COWC) for further review.

The appeal has been dismissed as the claim for payment of non-VA medical care provided from October 9, 2019, to January 31, 2020, was resolved by administrative action.

The Board has determined that the reduction of the rating for palpitations/sinus tachycardia from 30% to 10% was improper and restored the original 30% rating.

The Veteran's initial claim for a higher rating for her residuals of colonoscopy, s/p perforated ileum, is granted. The Board finds that the Veteran's condition has caused marked interference with absorption and nutrition, manifested by severe impairment of health objectively supported by material weight loss, warranting an initial 60 percent rating. For the TDIU claim, the Veteran's service-connected disability does not preclude her from securing or maintaining substantially gainful employment.