Other conditions decisions — 2024

The Board has decided to remand the Veteran's claims for service connection for left and right arm conditions due to a pre-decisional error in not obtaining an adequate addendum opinion prior to the May 2021 rating decision on appeal. The Veteran's lay statements regarding overcompensating due to his service-connected shoulder conditions were not considered, nor was there any other medical opinion addressing whether the Veteran's arm conditions increased in severity beyond their natural progression by the service-connected shoulder conditions.

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 Board has granted the Veteran's request to reopen his claim for service connection for malaria, but denied the claim itself due to a lack of current diagnosis.

The Veteran's spouse has submitted a request for apportionment of his VA compensation benefits, but the RO denied her claim due to conflicting information regarding their divorce. The Board is remanded to attempt to obtain all available records of marriages and divorce decrees for the appellant and the Veteran.

The Board has granted service connection for the Veteran's other specified trauma and stressor related disorder, finding that it is related to his active duty service.

The Board dismissed the appeal regarding whether the contractual payment rates for medical services provided by the appellant in January and February 2020 are proper, as these disputes fall under a specific administrative dispute resolution process that does not allow for appellate review.

The Board has dismissed the appeals regarding service connection for right hip strain, flexion, extension, and impairment due to the death of the Veteran.

The Board dismissed the appeal for the propriety of the contractual payment rate for home health services provided by MGHAL to the Veteran from January and February 2020 due to a procedural issue with creating duplicate appeals.

The Veteran's appeal for service connection for residual pain post right sesamoidectomy has been dismissed due to the death of the Veteran.

The Veteran's cause of death, likely sepsis with underlying causes of decubitus ulcers and end stage dementia, was not caused or contributed to by any service-connected disability. The Board found no evidence linking the Veteran's disabilities to his active service.

The Veteran's bowel perforation following a colonoscopy was not deemed to be caused by VA carelessness, negligence, or error in judgment. The Board found that the event did not result from an unforeseeable event.

The Board has remanded the case due to insufficient medical opinion regarding Graves' disease and herbicide exposure. The Veteran's claim for service connection is reopened based on new evidence, but a full examination is needed to determine if there is a link between Graves' disease and service.

The Veteran's claim for service connection for restless leg syndrome is remanded due to a duty to assist error. A VA examination is needed to determine the etiology of the condition.

The Veteran's claim for a higher rating for ulcerative colitis with hypertrophic gastritis and ulcerative chronic rectosigmoiditis was denied, as the symptoms did not meet the criteria for a rating greater than 30 percent.,The Veteran also seeks an earlier effective date for TDIU and DEA benefits. The Board has determined that these claims are remanded due to the need to consider whether referral to the Director of Compensation Service is necessary.

The Veteran's claim for a compensable rating for her service-connected right knee extension disability was denied as her extension did not meet the criteria for a compensable rating under Diagnostic Code 5261.

The Board has dismissed the appeal for entitlement to a higher payment rate for medical services provided by the appellant from April 29, 2020, to April 30, 2020, as it is governed by statutory and contractual authority that does not allow for review by the Board.

The Veteran's onychomycosis, a fungal infection affecting his toenails, is rated as noncompensable (zero percent) due to the condition affecting less than 5% of his total body area and requiring only topical therapy.

The Board has granted the Veteran's motion for revision of the January 2005 rating decision, finding that there was clear and unmistakable error in denying service connection for insomnia. The effective date is set as November 14, 2004, which is the last day of the Veteran's active duty.

The Board has dismissed the appeal for entitlement to a higher payment rate for home health services provided by the appellant from January 3, 2020, to January 31, 2020, as the dispute resolution process under Veterans Care Agreements does not allow for Board review.

The Board dismissed the appeal because it does not have authority to review VCA disputes, including disagreements concerning the proper contractual payment amount. The appellant's claim for additional payment under a VCA is therefore dismissed.