Other conditions decisions — 2024

The Veteran's tonsil cancer is being remanded for a VA examination to determine if it is related to his exposure to Agent Orange during service. The PACT Act requires this examination as the Veteran has already been conceded exposure to toxic exposure risk activities (TERA).

The Veteran's rating for residuals of NHL, including chemotherapy-induced diarrhea/bowel pattern change, was reduced from 100% to 30%, effective October 1, 2021.

The Board has granted readjudication of the claims for service connection for left and right pelvic conditions due to new evidence received since the previous denial. The claims are now remanded for further development, including a VA examination.

The Board has granted an earlier effective date of May 3, 2004 for the grant of service connection for a muscle group XXII injury of the neck with retained shrapnel. The Veteran filed an informal claim in May 2004 and subsequent VA examinations associated with that claim determined he had neck pain related to his in-service shrapnel wound.

The appeal is dismissed as the AOJ administratively approved the claim for payment of non-VA medical services provided to the Veteran in January 2020.

Your appeal for a higher disability rating for Crohn's disease has been dismissed because the issue was not yet decided by the AOJ when you filed your appeal.

The Veteran's surviving spouse is recognized for the purposes of receiving VA survivor's pension benefits.

The Board has decided to remand the case due to an error in creating the overpayment debt and the need for a detailed audit. The validity of the debt will be determined, and then the issue of waiver will be reconsidered by the Committee on Waivers and Compromises (COWC).

The Veteran's appeal for payment of non-VA medical services provided by Aloha Care, Inc. from March 2, 2021 to March 30, 2021 is dismissed as the process for billing and payment under the Veterans Community Care Program does not allow for Board review.

The Board has dismissed the appeal as there is no provision for review of payment rates for non-VA medical services provided through the Veterans Community Care Program.

The Board has determined that the Veteran is entitled to SMC at a higher rate as of September 9, 2015. However, the rating for his left upper extremity compartment syndrome with fasciotomy remains unchanged and requires further examination.

The Veteran's former spouse, S.M., was granted additional compensation benefits as a dependent for the period from October 18, 2011 to March 22, 2018.

The appeals for dependency compensation were dismissed due to the Veteran's death during the appeal process.

The Board has determined that the claim for payment of non-VA medical care provided by LBMMC was not submitted within a timely deadline and requires further development to clarify the evidence used in evaluating the claim.

The Board has determined that the claims file is incomplete and requires additional records related to the Veteran's application for VA home loan guaranty benefits. The case is being remanded to ensure all relevant documents are obtained.

The Veteran's appeals for increased ratings on three service-connected conditions (limitation of extension, limitation of flexion, and impairment of the right thigh) were dismissed due to a procedural defect in filing a timely Notice of Disagreement.

The Board has decided that the claim for payment or reimbursement of medical expenses incurred on August 21, 2020 by Spartanburg Medical Center is not timely filed and thus denied. The case is being remanded to allow the VA Financial Services Center to review all relevant documents including whether the Veteran had exhausted without success action to obtain payment or reimbursement from a third party.

The Board has granted the appellant's claims for nonservice-connected burial and internment allowances, as the Veteran died while receiving care at a VA facility.

The Board dismissed the appeal because it is a dispute over contractual payment rates for services provided under a Veterans Care Agreement, and such disputes are not subject to review by the Board.

The Veteran's appeal for increased rating and effective dates is dismissed due to their death.