Other conditions decisions — 2024

The Board has remanded the case due to a lack of a VA examination addressing the relationship between the Veteran's scalp cancer and service. The Veteran asserts that his basal cell carcinoma is a soft tissue sarcoma, which would be presumptively related to herbicide agent exposure during service.

The appeal is dismissed as the claim for payment of non-VA medical care provided from February 3, 2020, to February 28, 2020, was administratively approved while this appeal was pending.

The Board has determined that there is a need for further development to determine the validity of the overpayment debt, and thus remands the case.

The Board has decided that the Veteran is not eligible for PCAFC benefits and has ordered a remand to obtain a new medical opinion regarding his eligibility.

The Veteran's claim for an earlier effective date of January 26, 2015 for the grant of Total Disability Rating Based on Individual Unemployability (TDIU) is granted. This decision is based on the fact that TDIU was part and parcel of his underlying increased rating claim which had already been pending as of January 26, 2015.

The Veteran's claim for waiver of recovery of an overpayment of VA compensation benefits is remanded due to pre-decisional duty-to-assist errors. The AOJ needs to verify the drill dates and provide an accounting of drill pay received in FY 2019, as well as perform a paid and due audit of the Veteran's VA compensation payment for FY 2019.

The Board dismissed the appeal regarding an earlier effective date for special monthly compensation (SMC) as the issues were fully addressed in a previous decision.

The Veteran's claim for reimbursement of medical expenses from Catholic Health Initiatives - Iowa Corp is being remanded due to the lack of pre-authorization and incomplete records. The AOJ will obtain any available treatment records and VA medical records related to the Veteran's treatment.

The Board has granted service connection for the Veteran's right ulnar nerve disability, finding that it is related to his documented abnormal right ulnar nerve findings during active service.

The Veteran's eye conditions, including dry eye syndrome, meibomian gland dysfunction, and photophobia, were not incurred or aggravated by service. The Veteran's pinguecula was also not found to be related to service.

The Board denied the Veteran's claim for service connection of Ehlers-Danlos syndrome, finding that there was no evidence during his military career that he suffered significantly from multiple joint pains while in service and that the condition did not worsen during his active service.

The Board has determined that the appeal regarding the contractual payment rate for home health services provided in January 2020 is not subject to review and must be dismissed.

The appeal for payment of non-VA medical care provided to the Veteran from January 12, 2020, to January 15, 2020, is dismissed as moot because the appellant is in receipt of the benefit sought on appeal.

The Board has dismissed the appeals for contractual payment rates of home health services provided by MGHAL from February 3 to 28, 2020 and March 2 to 20, 2020 due to the dispute resolution process established under VCA not allowing for further review by the Board.

The Board has decided to remand the case due to errors in duty to assist and incomplete financial information. The Veteran is asked to provide documentation of his contributions, expenses, and payments made on behalf of P.A.L.B., as well as clarification on when they moved out.

The Board has determined that there was a pre-decisional duty to assist error and the case is being remanded for an adequate medical decision regarding eligibility for PCAFC benefits.

The Veteran's request to resume VA compensation benefits was granted with an effective date of April 2, 2020. The decision is based on the submission of a form indicating intent to waive military retired pay and file for VA compensation.

The Board has dismissed the appeal because the issue of whether the contractual payment rate for home health services provided by the appellant is proper falls under a specific administrative dispute resolution process that does not allow for appellate review by the Board.

The Board has determined that the RO made errors in its duty to assist and remanded for further development regarding the Veteran's right lower extremity peripheral artery disease, including whether it was caused by service-connected disabilities or exposure to herbicide agents.

The Veteran's facial disfigurement warrants an 80 percent rating from September 1, 2020 under Diagnostic Code 7800. His appeal is granted.