Other conditions decisions — 2024

The Veteran's claims for initial compensable ratings for right and left restless leg syndrome are being remanded due to a duty to assist error. The Board will consider the evidence of record at the time of the January 2021 decision on appeal.

The Board has dismissed the appeal for payment of medical expenses related to COVID-19 testing by Aegis Sciences Corporation on August 7, 2020 and August 25, 2020 as the underlying case or controversy has been resolved.

The Veteran's claim for beneficiary travel reimbursement on September 6, 2023 is remanded due to incomplete and unclear evidence. The AOJ must provide a clear decision with all required content.

The Board has granted service connection for squamous cell carcinoma, finding that the Veteran's exposure to herbicide agents during his active duty in Vietnam is related to his condition.

The Board dismissed the appellant's application for service connection for the cause of the Veteran's death based on clear and unmistakable error (CUE) as she failed to identify a specific rating decision containing CUE or clearly state the basis for her application.

The Veteran's claim for a 70 percent rating for his service-connected adjustment disorder with depressed mood is granted, effective from the date of the claim on April 10, 2020.

The appeal concerning the payment of non-VA dental care provided on December 3, 2019, has been dismissed as the claim was administratively approved by VA.

The Veteran's non-Hodgkin's lymphoma is granted a 100% evaluation effective September 20, 2021. Additionally, the Veteran is awarded special monthly compensation (SMC) based on statutory housebound status effective September 20, 2021.

The Veteran's claim for an increased rating in excess of 20 percent for his right shoulder condition is remanded due to inadequate pre-decisional duty to assist errors.

The Board has dismissed the appeal as there is no longer a case or controversy for decision due to VHA overturning its initial denial and approving the non-VA medical care provided by ASC on December 10, 2020.

The appeal regarding reimbursement of non-VA emergency treatment provided by Kishwaukee Hospital from May 27, 2019, to May 29, 2019, has been resolved in full by administrative action and is dismissed.

The Veteran's claim for service connection for TMJ is denied, and his rating for Mechanical Back Pain Syndrome with Degenerative Spondylolisthesis remains at 40 percent.

The Board denied the Veteran's claim for service connection for benign prostate hyperplasia, finding that there is no evidence linking his current condition to his in-service exposure to herbicides. The Board concluded that BPH is not a disease associated with herbicide exposure and thus cannot be presumed as such.

The Board has decided to remand the case due to pre-decisional duty-to-assist errors, specifically regarding the appellant's character of discharge and insanity claims. The AOJ is required to obtain additional evidence related to the appellant's discharge upgrade request and provide a medical opinion on whether he was insane at the time of misconduct.

The appeal is dismissed as the claim for payment of non-VA emergency medical services provided on February 14, 2020, has been resolved administratively and approved.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred on December 7, 2019 was denied because the claim was filed more than 90 days after discharge from the private facility.

The Board has decided to remand the claims for service connection for Barrett's esophagus and gastric intestinal metaplasia, without dysplasia due to a duty to assist error. The examiner is asked to provide an opinion addressing whether these conditions are related to toxic exposure risk activities, including agent orange exposure.

The Board denied the Veteran's request to reinstate his son as a dependent on his VA disability compensation due to the son receiving DEA benefits under Chapter 35, which bars subsequent payments or additional amounts of VA disability.

The Veteran's lung cancer, which was diagnosed after service and presumed to be related to his in-service herbicide exposure, is granted as the cause of death under the PACT Act.

The appeal was dismissed because the AOJ administratively approved the Appellant's claim for payment of non-VA medical care provided to the Veteran on February 13, 2020.