Other conditions decisions — 2024

The Board has dismissed the appeal as there is no review process for disputes over contractual payment rates under Veterans Care Agreements (VCAs).

The Veteran's appeal for payment or reimbursement of prescription medication costs from January 2023 to March 2023 was dismissed as there is no valid matter in controversy regarding the claim.

The Board has decided to remand the Veteran's claim for pilonidal cyst as there were errors in the pre-decisional record and a VA examination is needed.

The Veteran's overpayment of VA compensation benefits due to concurrent receipt of dependency allowance and DEA benefits under Chapter 35, Title 38 of the United States Code for dependent child J.D. is denied as the appeal is not about service connection at all.

The Board has dismissed the appeal regarding the contractual payment rate for home health services provided to a veteran from February 3, 2020, to February 28, 2020, as this matter is governed by specific administrative dispute resolution procedures that do not allow for appellate review.

The Veteran's service is considered to be 377 days, which qualifies him for the 60% rate of payment under Chapter 33 educational assistance benefits. The Board finds no legal basis to grant a higher rate.

The appeal has been dismissed as the claim for payment of non-VA emergency medical services provided on October 2, 2019, was administratively approved by VA.

The Board has remanded the case due to a duty to assist error and requires additional medical opinions regarding service connection for Barrett's esophagus.

The Veteran's claim for service connection for colon cancer residuals is being remanded due to the lack of certain medical records. The AOJ must attempt to obtain these records and associate them with the claims file.

The Board has dismissed the appeal as there is no administrative review process for disputes related to contractual payment rates under Veterans Care Agreements (VCAs).

The Veteran's claim for a right ruptured ear drum was denied in an August 2002 rating decision. The Board found that the February 2015 denial of service connection was final, and no new and material evidence had been submitted to reopen the claim. The Veteran filed another supplemental claim on August 20, 2020, which resulted in a grant of service connection for the right ruptured ear drum effective August 20, 2020. However, the Board denied an earlier effective date and a compensable rating.

The Veteran's appeal for service connection of bilateral hearing loss has been dismissed due to the death of the Veteran during the pendency of the appeal.

The Board denied service connection for atrial septal aneurysm, finding that the Veteran's current condition is not related to her military service.

The Board has dismissed the appeals regarding contractual payment rates for home health services provided by a non-VA provider in February and March 2020, as these disputes are subject to specific administrative procedures under Veterans Care Agreements (VCAs) that do not allow for appeal by the Board.

The Board has found that the Veteran's esophageal cancer may be related to his exposure to contaminated water at Camp Lejeune during his military service, and therefore remands the case for a VA examination and medical opinion.

The Board has dismissed the appeal regarding the contractual payment rate for home health services provided by MGHAL to the Veteran from January 2, 2020, to January 31, 2020, as this matter is governed by a specific administrative dispute resolution process under VCA that does not allow for appellate review.

The Veteran's appeals for service connection for diaphragmatic hernia, diverticulitis, and gastritis have been resolved in full. The claims were granted by the AOJ in February and April 2023, making the appeal moot.

The Board dismissed the appeal because it does not have authority to review disputes under Veterans Care Agreements (VCAs), which is a specific administrative process for resolving such issues.

The Board denied the claim for payment of non-VA medical expenses provided by the appellant on July 1, 2020 due to lack of evidence demonstrating that VA or other federal facilities were not feasibly available and that delay in seeking immediate medical attention would have been hazardous to life or health.

The Board denied the survivor's special monthly pension (SMP) because the appellant's countable income exceeded the applicable maximum annual pension rate (MAPR).