Other conditions decisions — 2024

The Veteran's appeal is granted for service connection of migraine headaches and obstructive sleep apnea, but the claims are remanded due to lack of new and relevant evidence. The mental disorder claim remains denied with a 50% rating. Increased ratings for lumbar radiculopathy and chronic orthopedic symptoms of lumbar spine disability remain denied.

The Veteran's anemia is currently rated at 10 percent, and the Board finds that this rating is appropriate given her need for over-the-counter iron supplements.

The Veteran's daughter, L., is eligible for additional compensation based on her school attendance from March 2012 to July 2013 due to the VA disability rating of 70%.

The Board found that the Veteran was properly notified of his additional benefits for a former spouse and failed to timely notify VA of his divorce, leading to an overpayment. The appeal is denied.

The appeal is dismissed because the appellant, a non-VA healthcare provider within the Veterans Community Care Program network, provided medical services to the Veteran on July 27, 2020. The billing process and rates of payment are governed by statutory and contractual authority that does not allow for review by the Board.

The Veteran's appeal for TDIU is dismissed as it remains pending in the Legacy system, and a decision will be issued for the Legacy docket in the future.

The Veteran's esophageal stricture is rated at an initial 30 percent, but no higher, based on moderate symptoms requiring recurrent EGD procedures.

The Board has decided that the appellant's claim for payment or reimbursement of medical treatment expenses provided on October 28, 2019 is not clear and needs further clarification. The appeal must be remanded to allow the AOJ to review the evidence and provide appropriate notice.

The Board has dismissed the appeal regarding whether the contractual payment rates for home health services provided in January and April 2020 are proper, as per the specific administrative dispute resolution process for Veterans Care Agreements (VCAs) that does not allow for appellate review by the Board.

The Veteran's appeal for VR&E services was dismissed because she received the benefits after filing her appeal and has since been successfully rehabilitated.

The Board has dismissed the appeals for contractual payment rates of home health services provided by MGHI to the Veteran from February and March 2020 due to a dispute resolution process established under VCA that does not allow for review by the Board.

The Veteran's initial rating for service-connected chronic cholelithiasis, status post cholecystectomy, is granted at a 30 percent rating before October 15, 2020, and a 10 percent rating from that date.

The Board dismissed the issue of entitlement to service connection for right thumb strain with post-traumatic arthritis. The Veteran's bilateral hearing loss was denied a compensable rating, and he was granted a TDIU due to PTSD.

The Board has dismissed the Veteran's appeal of entitlement to service connection for chest pain as the RO granted service connection for costochondritis, which is considered a direct service connection. The effective date is February 12, 2024.

The Board has dismissed the appeal regarding payment for home health services provided by Premier Home Health to the Veteran from June 1, 2020, to June 29, 2020. The appellant's claim was not timely and submitted more than 180 days past the date of service.

The Veteran's service-connected chronic urethritis was granted a 20% rating from September 3, 2009 to June 12, 2010. From June 16, 2004 to September 3, 2009, the Veteran did not meet criteria for any compensable ratings due to his symptoms being less severe. After June 12, 2010, a higher rating was denied.

The Veteran was awarded a special monthly pension based on the need for aid and attendance, effective August 20, 2019. The appellant is entitled to accrued benefits due to her father's untimely death.

The Board has dismissed the appeal regarding payment for home health services provided by the appellant from July 6, 2020 to July 27, 2020 as it falls under a Veterans Care Agreement (VCA) which does not allow for appellate review.

The Veteran disagrees with the audit showing he has been paid $260,031.28 in VA disability compensation from January 2012 to present. The Board finds no indication of an error and denies the appeal.

The Board has remanded the case due to a duty-to-assist error regarding the appellant's service records, which are necessary for determining his eligibility for VA home loan guaranty benefits.