Other conditions decisions — 2024

The Board has remanded the case for further action regarding entitlement to SMC based on loss of use of bilateral upper and lower extremities, as well as higher rates of SMC given the need for aid and attendance.

The Veteran's basal cell carcinoma is found to be at least as likely as not incurred during service due to exposure to Agent Orange. Service connection for this condition is granted.

The Veteran's request for a Higher-Level Review (HLR) was timely filed, and the appeal is granted to this extent.

The Board denied service connection for right arm nerve damage, finding no medical evidence linking the condition to the service-connected right shoulder replacement. The rating for the right shoulder replacement was upheld at 50%.

The Board has decided to remand the case due to a pre-decisional duty to assist error and will review whether the overpayment was properly created and is valid, as well as reconsider the waiver request.

The Board dismissed the appeal because the issue of payment for medical care services provided by a non-VA provider under a Veterans Care Agreement is subject to specific administrative dispute resolution procedures that do not allow for further review by the Board.

The Board denied the Veteran's claims for revision of rating decisions related to his right hip and diverticulitis, finding no clear and unmistakable error in the evaluations.

The Board has dismissed the appeal as the VHA has overturned its initial rejection or denial and approved the non-VA medical care provided by ARMC on May 21, 2019.

The Board has granted service connection for disabilities of the right little finger, ring finger, middle finger, index finger, and thumb. The decision is based on the Veteran's credible account of having hand problems during and since service.

The Board dismissed the appeal because the VA has already resolved the issue of payment for COVID-19 testing by Aegis Sciences Corporation on December 23, 2020.

The Veteran's claim for a respiratory disability related to his service in the Persian Gulf War is denied as there is no current evidence of such a condition. The Board also denies increased evaluations for various other conditions.

The Board has decided that the eligibility for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is remanded due to inadequate medical opinion and insufficient notice.

The Veteran's service connection claims for residuals of a breast reduction surgery and bilateral flatfoot are remanded due to the need for additional medical opinions.

The Board has decided to remand the case due to potential administrative error in creating the overpayment, and will consider a new statute regarding delay in processing.

The Veteran's cause of death, respiratory failure due to congestive heart failure, is not service-connected. His right hand disability and TDIU claims are also denied.

The Board dismissed the appeal as the underlying case or controversy has been resolved and the appellant was paid for COVID-19 testing services.

The appeal is denied as there was no VA authorization for the non-VA medical services provided on January 20, 2021.

The Board denied the Veteran's claim for service connection of a left lower extremity nerve disability, finding that there is no evidence of such a condition in service or due to his service-connected disabilities.

The Veteran's claim for an earlier effective date for the grant of service connection for bilateral upper extremity radiculopathy is dismissed as a freestanding claim.

The Veteran's claim for an initial rating in excess of 10 percent for recurrent gynecological infections is being remanded due to the need to obtain missing VA and non-VA medical records, as well as to provide the Veteran with a new VA examination.