Other conditions decisions — 2024

The Board has granted readjudication of the claim for service connection for a gastrointestinal disability, but has also remanded it to allow the VA RO to consider new evidence and make its own determination.

The Veteran's claim for beneficiary travel payment for ambulance transportation expenses incurred on October 17, 2023 was denied due to a pre-decisional duty to assist error. The AOJ is required to obtain and associate relevant records including the original claim for reimbursement of the ambulance transportation expenses, VA clinical records from the Roane County VA CBOC, medical records from the Roane County Hospital ER, and the September 12, 2024 HLR decision. The AOJ should also consider whether the Veteran meets the criteria for payment or reimbursement under 38 U.S.C. § 1725.

The Board denied an earlier effective date for the addition of the Veteran's spouse to his VA compensation award as a dependent, finding that the earliest possible effective date is December 1, 2021.

The appeal concerning the effective date for TDIU due to CUE in an October 2017 rating decision has been dismissed as the Veteran died during the appeal process.

The Board dismissed the appeal seeking payment or reimbursement for medical services provided on December 17, 2019 by a non-VA provider within the Veterans Community Care Program (VCCP). The decision states that the process for billing under VCCP does not allow for review by the Board of Veterans' Appeals.

The Board has remanded the case due to a duty-to-assist error in not obtaining a medical opinion regarding whether there is a relationship between the Veteran's cause of death, metabolic encephalopathy, and his in-service history of abnormal glucose level or diabetes.

The Board has decided to remand the case due to a duty-to-assist error, and no new rating or effective date is assigned.

The Veteran's claim for an earlier effective date of January 19, 2016, for the award of service connection for chronic constipation was granted. The appeal regarding a higher initial rating for chronic constipation is denied.

The Board has remanded the case due to a failure to obtain a TERA opinion regarding the Veteran's mild obstructive abnormality, which may be related to his participation in burn pit exposures during service.

The Veteran's application for additional educational assistance benefits under the STEM scholarship was denied because he did not meet the eligibility criteria, including being enrolled in a program of education leading to an undergraduate degree or teaching certification.

The Board has determined that there is a duty to assist error in the decision and requires an adequate medical opinion regarding the Veteran's eligibility for PCAFC benefits.

The Board has remanded the claim of service connection for cause of death in the line of duty due to a lack of relevant personnel records, particularly any line of duty determination from the Veteran's New Jersey State Command.

The Board has decided to remand the claim for service connection for insomnia, as it is unclear whether the Veteran's sleep disorder is a manifestation of his service-connected disabilities or a separate and distinct condition. The case will be returned to the AOJ for further evaluation.

The Veteran's application for PCAFC benefits is denied as his service-connected Lyme disease does not qualify as a 'serious injury' under the eligibility criteria.

The Board has determined that the VA examination and medical opinion provided in conjunction with the August 2022 rating decision were inadequate due to the Veteran's failure to appear for additional testing scheduled three years prior. The Board finds a remand is needed to correct this duty-to-assist error by obtaining a new examination and medical opinion regarding the nature and etiology of the Veteran's lung disability.

The Veteran's daughter, who was found to have a significant intellectual disability prior to turning 18, is now considered permanently incapable of self-support due to this condition. The Board granted the dependent child status for her.

The Veteran withdrew their appeal for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC). The Board dismissed the appeal as a result.

The Veteran's claim for a bladder condition is denied as there is no current diagnosis of the condition and no evidence of functional impairment related to it.

The appeal for payment of non-VA medical services provided on June 11, 2019 is dismissed because the revenue cycle management company that submitted the claim was not a proper claimant.

The Veteran's spouse, A.P., is not in need of regular aid and attendance due to her conditions as she can leave the house with help from her husband. The Board finds that while she needs some assistance, it does not meet the criteria for SMC based on spousal aid and attendance.