Other conditions decisions — 2024

The Veteran's appeals for entitlement to Tier 2 benefits under the PCAFC and an earlier effective date for the grant of benefits under the PCAFC are remanded due to inextricably intertwined issues.

The Veteran's right hip disability is granted with an effective date of August 24, 2016. He is assigned a 10 percent rating for painful motion from that date.

A 50 percent rating for other specified trauma and stressor related disorder is granted, effective from December 26, 2012, prior to June 11, 2019. From June 11, 2019, a 70 percent rating is granted.

The Board denied the Veteran's appeal because his timely substantive appeal was not received within the required 60-day period following the issuance of a Statement of the Case (SOC) in March 2020. The Board found that the Veteran did not file a timely appeal and that no waiver of untimeliness was warranted.

The Veteran's spine arthritis with herniated disc is being remanded for further evaluation due to a lack of an adequate secondary service connection opinion. The claim will be reconsidered based on the evidence of record at the time of the June 2021 decision.

The appeal is dismissed because the medical services provided by the appellant on November 30, 2020 are within a contractual process that does not allow for Board review.

The Board denied the Veteran's request for a waiver of recovery of an overpayment in the amount of $10,035.56 due to fault on his part and found that total recovery would not violate principles of equity and good conscience.

The Board has decided to remand the case due to a duty to assist error and the need for an aggravation opinion.

The Board has determined that there were errors in the pre-decisional duty to assist and remands the case for further action, including a VA examination.

The Board has dismissed the Veteran's appeals for an earlier effective date for TDIU and DEA because both claims are based on the same underlying issue of a grant of TDIU, which already had an effective date assigned in May 2021. The decision is binding only with respect to these specific matters.

The Board dismissed the appeal because it does not have authority to review disputes related to contractual payment rates under Veterans Care Agreements (VCAs). The appellant's claim for additional payment was dismissed as a result.

The appeal has been dismissed as the benefits sought have been granted and resolved by administrative action.

The Board has granted service connection for squamous cell carcinoma of the anus due to in-service herbicide exposure, finding that there is probative evidence supporting this conclusion.

The Board has determined that the Veteran's genital herpes disability is not attributable to her active military service and therefore denied the claim for service connection.

The Veteran's other specified trauma/stressor related disorder is rated at 70 percent, and his lower back pain is rated at 10 percent. The appeal for a higher rating for both conditions is granted.

The Veteran's claim for full payment of beneficiary travel expenses was only partially paid because a closer VA facility could have provided the services he received on April 5, 2024. The Board finds that the VHA committed a pre-decisional duty to assist error and remands the case for further action.

The Veteran's right retinal detachment is not considered to be caused by VA medical care, and the Board finds that there was no fault on the part of VA in providing the treatment. The event causing the disability (retinal detachment) was reasonably foreseeable.

The appeal is dismissed because the payment for non-VA medical services provided on February 15, 2021 is governed by statutory and contractual authority that does not allow for review by the Board.

The Veteran's appeal for service connection for left foot hammer toes was dismissed as the appeal is untimely and does not address a jurisdictional issue.

The Veteran's claim for a nonservice-connected pension is denied because he did not serve during a recognized wartime period and his service-connected benefits are greater than any potential pension.