Other conditions decisions — 2024

The Board has remanded the case for additional development regarding service connection for a mental health condition, to include as secondary to service-connected tinnitus. The Veteran's appeal is also remanded for an examination and opinion on whether any diagnosed mental health condition had onset in or is otherwise related to active military service, and if it is caused or aggravated by the service-connected tinnitus.

The appeal for payment or reimbursement of non-VA medical services provided on December 30, 2019 is dismissed because the claimant (US Acute Care Solutions) did not provide the underlying medical services and is not a proper claimant.

The Board has dismissed the appeal as there was a full grant of benefits for service connection for the cause of the Veteran's death in the September 2020 rating decision, and no further disagreement with that determination remains.

The Board has determined that there were pre-decisional errors in the appointment of Nationwide as fiduciary for the Veteran and remands the case to undertake necessary development regarding the removal of the Veteran's sister.

The Board has granted an effective date of July 10, 2015 for the assignment of a 30 percent rating for a respiratory disability. The Veteran's symptoms required daily inhalation or oral bronchodilator therapy as of this date.

The Board dismissed the appeal as the claim for payment of non-VA medical services provided in August 2019 was resolved administratively and approved by VA.

The Veteran's esophageal cancer, which was likely related to herbicide exposure during service, is found to be the principal cause of his death. The Board has granted service connection for the cause of death.

The Board has determined that a timely VA Form 9 Substantive Appeal was received with respect to the August 2017 Statement of the Case, which addressed the denial of a temporary total evaluation due to service-connected or other condition subject to compensation. The appeal was granted based on the representation that proper notice of the August 2017 SOC was not provided until January 2021.

The Veteran's death was not caused by a service-connected disability, and therefore, the claim for service connection for the cause of death is denied. The Veteran did not meet the criteria for DIC under 38 U.S.C. § 1318.

The Veteran's claims for an increased rating for her back condition and earlier effective date for total disability for individual unemployability (TDIU) are being remanded due to a duty to assist error. The VA examination was inadequate as it did not address the Veteran's intervertebral disc syndrome.

The Veteran's appeal is remanded due to incomplete claims file, including missing notifications and evidence. The VA must obtain all relevant records related to the home loan guaranty benefits application.

The Veteran seeks reimbursement for medical expenses incurred on March 24, 2017 at St. Barnabas Medical Center due to an anxiety attack with shortness of breath. The Board has determined that there is a pre-decisional error in the duty to assist and remands the case for obtaining necessary records and payment documents.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA compensation benefits, finding no fault on the part of the Veteran in creating the debt and that collection would not cause undue hardship or defeat the purpose of paying the benefits.

Your claim for service connection for insomnia disorder has been granted, but the appeal is dismissed as your request was fully addressed in a previous rating decision.

The Board has denied the Veteran's claim for a compensable disability rating for his status-post appendectomy, finding that there are no additional current residuals beyond the scar.

The Veteran withdrew his appeal for eligibility to the Program of Comprehensive Assistance for Family Caregivers (PCAFC) due to improved mobility.

The Veteran withdrew his claim for TDIU before the decision was made, so it is dismissed.

The Board dismissed the appeal for payment of $100.00 for medical expenses associated with COVID-19 testing by Aegis Sciences Corporation, on October 6, 2020, as the underlying case or controversy has been resolved and the appeal is moot.

The Veteran's appeal for total disability based upon individual unemployability (TDIU) has been dismissed due to the Veteran's death during the pendency of the appeal.

The Board has remanded the case due to errors in adjudication and requires further development, including consideration of 38 U.S.C. § 1725 and 38 C.F.R. § 17.1002.