Other conditions decisions — 2024

The appeal concerning the Veteran's claim of entitlement to service connection for hypertension has been dismissed due to the Veteran's death. The Board cannot issue a decision on this matter as it is no longer pending.

The Board has remanded the claim for payment or reimbursement of emergency ambulance services provided by the appellant on September 25, 2019 due to insufficient information in the claims file. The AOJ is required to associate pertinent records with the file and properly adjudicate the Veteran's claim under the provisions of 38 U.S.C. § 1725 and 38 C.F.R. §§ 17.1000-17.1008.

The Board denied the appellant's claim for payment of non-VA medical expenses incurred on July 15, 2020 because there was no VA authorization for these services.

The Veteran has withdrawn his service connection claims for a vision condition and right foot gout.

The Board has remanded the case due to an error in not considering a National Academies of Sciences, Engineering & Medicine's (NAS) 2014 report which discusses that some oral cavity cancers have a viral HPV etiology consistent with the hypothesis that herbicide exposure may have increased susceptibility to HPV. The Veteran is asked to be examined for toxic exposure risk activities and an opinion on whether his squamous cell carcinoma is related to Agent Orange exposure.

The Veteran's unauthorized medical expenses incurred by Stewart's Ambulance Service, LLC on July 15, 2020 are eligible for payment or reimbursement due to the emergent nature of his condition and the unavailability of VA facilities.

The Board has dismissed the appeal as it pertains to payment or reimbursement for home health services provided by the appellant on March 20, 2020, through March 27, 2020. The dispute is governed by a Veterans Care Agreement (VCA) and does not involve service connection issues.

The Board has dismissed the appeals for payment or reimbursement of non-VA medical services provided to the Veteran from October 7 through October 10, 2019, and from May 4 through May 7, 2020, as these claims have been resolved in full.

The Veteran's claim for service connection for neurogenic bladder was denied in an August 2018 rating decision. The effective date of the grant of service connection was assigned as September 13, 2019, when overactive bladder was initially diagnosed. The Board found that no earlier effective date is warranted.

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

The Veteran's claim for MGIB educational assistance was initially denied due to a pre-decisional duty to assist error. The Board is remanding the case to clarify the Veteran's eligibility for Chapter 30 kicker benefits, which were included in his enlistment contract.

The Board dismissed the appeal because the matter is subject to a specific administrative dispute resolution process for Veterans Care Agreements (VCAs) and does not allow for appellate review by the Board.

The Board denied an increased apportionment of the Veteran's VA compensation benefits, finding that granting such would cause undue hardship for the Veteran.

The Board has remanded the case due to a lack of an etiology opinion and for a toxic exposure risk activity (TERA) examination.

The appellant's appeal regarding her remaining entitlement to education benefits under the Post-9/11 GI Bill was dismissed because it did not meet the requirements for review under the modernized review system (AMA).

The Veteran's eligibility for benefits under the PCAFC program is being remanded due to a legally inadequate decision based on insufficient medical reasoning.

The Board dismissed the appeal for entitlement to a higher payment rate for home health services provided by the appellant from February 14, 2020, to February 28, 2020, as it is governed by statutory and contractual authority that does not allow for Board review.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Board has determined that the claim for payment of non-VA medical care provided by LBMMC on January 25, 2020 is not clear and complete. The decision will be remanded to provide a more detailed explanation of the evidence considered and the basis for the denial.

The appeal for payment or reimbursement of non-VA medical services provided on November 25, 2020 is dismissed as the appellant is now in receipt of the benefit sought.