Other conditions decisions — 2024

The Veteran's application for education benefits under the Post-9/11 GI Bill (Chapter 33) in excess of the 50 percent rate was denied because he did not meet the legal criteria for such benefits, as his service did not qualify him for the required amount of active duty service or discharge due to a service-connected disability.

The Board has dismissed the appeal regarding the contractual payment rate for medical services provided to a veteran under a Veterans Care Agreement (VCA) due to the dispute resolution process established by law not allowing for further review.

The Veteran's death was not service-connected, and he did not meet the criteria for VA burial benefits as his claim for compensation or pension was pending at the time of his death. The Veteran had a non-compensable rating for his service-connected condition.

The Board has dismissed the appeal regarding the contractual payment rate for medical services provided to a veteran under a Veterans Care Agreement (VCA) due to the dispute resolution process established by law not allowing for further review.

The Board has dismissed the appeals for payment of medical services provided by Aegis Sciences Corporation on January 25, 2021, and January 28, 2021, as these matters are governed by statutory authority that does not allow for review by the Board.

The Board has determined that the Veteran's right foot disorder was not incurred in or related to his military service, and therefore denied his claim for service connection.

The Board denied the Veteran's request for a waiver of recovery of overpayment of VA pension benefits, finding that total recovery would not violate principles of equity and good conscience.

The Board has remanded the Veteran's claim for a sinus disability due to inadequate opinions and failure to consider lay statements.

The Board has remanded the claims for service connection due to missing inpatient records from the Veteran's hospitalization at Oak Knoll Naval Hospital during active duty. The AOJ is instructed to make further efforts to obtain these records, including by contacting the Records Management Center and possibly the U.S. Navy or Air Force.

The Board dismissed the appeal as the administrative action seeking recoupment and issuing a bill of collection for the June 2020 medical services has resolved the issue in full.

The Veteran's left dry eye syndrome is remanded due to a duty to assist error and the need for an addendum medical opinion regarding its relationship to service, including exposure to burn pits in Southwest Asia.

The Board denied the Veteran's claim for service connection under Chapter 17 of title 38 U.S.C. for venereal disease, gonorrhea, claimed as syphilis, due to a lack of current disability and insufficient evidence supporting his claims.

The Board has determined that additional development is necessary to correct pre-decisional duty to assist errors and will remand the case for further action.

The Board has remanded the case due to incomplete opinions regarding the relationship between the Veteran's right hip arthritis and his service-connected right ankle, knee, and left knee disabilities. The examiner is requested to provide a more comprehensive opinion addressing these relationships.

The Board denied the appellant's claims for an earlier effective date for death pension benefits and DIC benefits, finding that there was no evidence to support these claims. The Veteran died of end stage cardiomyopathy, which is not service-connected.

The Board denied the Veteran's request for an earlier effective date for service connection of multiple myeloma, finding no clear and unmistakable error in either the May 2017 or May 2018 rating decisions.

The Board has dismissed the appeal regarding a contractual payment rate for medical services provided to a veteran under a Veterans Care Agreement (VCA) due to the dispute resolution process established by law not allowing for further review.

The Board has granted service connection for the Veteran's spondylosis with facet arthropathy disability, finding that it is due to his service.

The Board has granted service connection for Cerebrovascular Accident (CVA) with left hemiparesis as secondary to the Veteran's service-connected diabetes mellitus type II, finding that there is a link between these conditions based on the private opinion of Dr. P.

The Board has restored service connection for chronic conjunctivitis, finding that the original grant of service connection was not clearly and unmistakably erroneous.