Other conditions decisions — 2024

The Board denied the claim for payment of non-VA medical services provided on January 13, 2021 due to lack of VA authorization.

The appeal is denied as there is no legal basis for payment of medical expenses incurred on February 15, 2021.

The Board has decided to remand the case due to insufficient evidence in a previous VA examination, and it is necessary to schedule a new VA examination for the Veteran's claimed bilateral eye disability.

The Veteran's Non-Hodgkin's Lymphoma (NHL) has not been active or in a treatment phase for the entire appeal period, and there are no compensable residual signs or symptoms attributable to NHL. Therefore, a compensable rating is denied.

The Board dismissed the appeal because Benefit Recovery Group, who filed a Notice of Disagreement, is not considered a proper claimant and did not provide the underlying medical services.

The Veteran's claims for service connection and a rating for his disabilities are being remanded due to the need to obtain additional medical records, particularly those related to his separation from active duty. The issues of service connection and rating are also intertwined with the issue of hearing loss.

The Board dismissed the appeal as it does not have authority to decide whether VA should pay for non-VA medical services provided under the Veterans Community Care Program (VCCP).

The Board has remanded the case due to a need for development consistent with the PACT Act, including obtaining a toxic exposure (TERA) opinion regarding service connection for non-Hodgkin's lymphoma.

The Veteran's request for an earlier effective date of dependency benefits for her spouse M.T. was denied, as the award was granted on October 5, 2019, based on a liberalizing VA issue (same-sex marriage recognition) and retroactive application under 38 C.F.R. § 3.114.

The Board denied the overpayment of educational assistance benefits due to termination from a program for unsatisfactory conduct, finding that the debt was validly created and denying the appeal.

The Board dismissed the appeal for payment of non-VA medical care provided by Aegis Sciences Corporation on February 23, 2021, as it is not within the jurisdiction of the Board to review such claims.

The overpayment of VA pension benefits in the amount of $3,426.00 is valid and denied as recovery would be against equity and good conscience.

The Veteran's claims for service connection for right hand trigger finger and bilateral degenerative joint disease have been granted. The effective dates are set at June 4, 2009. The Board has also remanded the cases to determine appropriate initial ratings.

Right thumb, index finger, long finger, ring finger, and little finger strains are granted with effective dates of August 22, 2009.,Right CTS is granted with an effective date of June 28, 2018. The appeal for earlier effective dates for bilateral plantar fasciitis/pes planus and PFB is dismissed.,The appeal for earlier effective dates for chronic headaches is also dismissed.

The Board has decided to remand the case due to inadequate medical opinions and a need for further examination, as the Veteran claims his Hepatic Cell Carcinoma is related to VA treatment with Ranitidine.

The Veteran's domestic partnership under California law is not recognized as a marriage for VA purposes, and therefore the appellant cannot be recognized as a surviving spouse for the purpose of obtaining DIC, survivor's pension, or accrued benefits.

The Board has granted service connection for the Veteran's sinus disability, finding that it had its onset during his active military service and continues to present day.

The appeal is denied as there was clear and unmistakable error (CUE) in the award of a separate rating for right leg shortening, leading to combined ratings. The Veteran's residuals of right tibia and fibular fracture are rated at 10 percent, with no higher rating due to functional loss.

The appeal for service connection for the cause of death is dismissed due to the appellant's passing.

The Board has decided to remand the Veteran's claims for increased ratings for avascular necrosis of the right and left hips due to inadequate examination and missing private treatment records.