Other conditions decisions — 2024

The Veteran's claim for an increased disability evaluation for unspecified mood disorder is remanded due to a duty-to-assist error regarding the severity of his condition from November 12, 2014 to November 2019.

The Board has granted the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during non-VA medical services by American Ambulance on April 28, 2019 due to an emergency condition that was not service-connected and where VA facilities were not feasibly available.

The Board has found a pre-decisional duty to assist error occurred due to inadequate notice regarding the appellant's entitlement to additional attorney fees based on the retroactive CRDP award. The AOJ needs to provide a full accounting of how the amounts were calculated.

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

The Board has dismissed the appeal as it is governed by a specific dispute process for Veterans Care Agreements (VCAs) that does not allow for further review by the Board.

The Board has identified errors in the duty to assist and is remanding the case for further development, including obtaining medical opinions regarding the Veteran's eligibility for PCAFC benefits.

The Veteran's somatic symptom disorder with predominant pain is rated at 10 percent prior to April 14, 2020. The Board found that the symptoms did not meet criteria for a higher rating due to their mild and transient nature.

The Board denied the veteran's claim for service connection for right lower extremity peripheral vascular disease (claimed as right leg blood clots) due to a lack of evidence linking the condition to his active service.

The Board has determined that the appeal regarding contractual payment rate for home health services provided to the Veteran is dismissed because it falls under a specific administrative dispute resolution process for Veterans Care Agreements (VCAs) which does not allow for appellate review by the Board.

The Veteran's death was attributed to myelodysplastic syndrome, which the appellant contends is due to herbicide agent exposure during service. The Board found that while the PACT Act presumed exposure in Thailand, it did not establish direct causation and thus remanded for a medical opinion on whether the Agent Orange exposure caused or contributed to the Veteran's death.

The Board has decided to remand the case due to a lack of PACT Act examination and opinion for service connection of pulmonary vascular disease, which may be related to toxic exposure during military service.

The Board dismissed the appeal regarding whether the contractual payment rate for home health services provided by MGHAL to the Veteran from February 1, 2020, to February 29, 2020, was proper due to a specific administrative dispute resolution process that does not allow for appellate review.

The Board dismissed the appeal as the TDIU was granted from April 7, 2017, and the Veteran's case is moot since the benefit sought has been fully granted.

The Board has granted service connection for right hip degenerative joint disease and left hip degenerative joint disease, both found to be related to the Veteran's service-connected right knee disability.

The Veteran's overpayment of VA dependency benefits was denied because the recovery would not be against equity and good conscience, as there is no indication of fraud, misrepresentation or bad faith on his part. The Board found that neither the Veteran nor VA were at fault for creating the debt.

The Veteran's request for waiver of the overpayment was granted, as recovery would be against equity and good conscience.

The Veteran's appeal for a higher rating for bilateral hearing loss has been dismissed due to the Veteran's death. The case will not be resumed as there is no one eligible for substitution.

The Board dismissed the appeal as moot because VHA overturned its initial denial of payment for non-VA care provided by MacNeal Hospital on July 27, 2020. The claim was approved and paid in accordance with VA payment authority.

The Veteran's appeal regarding the propriety of removing dependents C.G. and R.P. is dismissed because there was no valid disagreement with a decision that denied compensation or pension debt, which caused the removal.

The Board has determined that the AOJ made a duty to assist error by not providing an adequate examination for service connection of left hip disability. The case is being remanded to provide such an examination.