Other conditions decisions — 2024

The Board has decided to remand the case due to a pre-decisional error in not providing a VA examination and opinion regarding the nature and etiology of the Veteran's trigger finger. The Veteran asserts that his trigger finger is related to repetitive duties during service, such as painting and chipping decks aboard USS STERETT (DLG-31).

The Board has dismissed the appeal for payment of $100.00 owed for medical expenses related to COVID-19 testing by Aegis Sciences Corporation, as the underlying case or controversy has been resolved and the appellant was paid pursuant to a blanket authorization issued by VA's Deputy Under Secretary for Health.

The Veteran's appeal regarding the reduction in compensation due to incarceration has been dismissed because he died during the pendency of the appeal.

The Veteran's claim for reimbursement of non-VA emergency medical services provided on November 15, 2019 was denied because the claim was filed outside of the 90-day timely filing window.

The Board denied the claim for service connection for the Veteran's cause of death, finding that there is no evidence linking his cause of death to his active service.

The Board dismissed the appeals for payment of medical expenses related to COVID-19 testing performed by Aegis Sciences Corporation on September 29, October 13, and October 21, 2020. The claims were originally denied due to a missing prior authorization but were subsequently overturned after VA determined that the care was covered under a blanket authorization.

The Board has decided to remand the case due to errors in fulfilling its duty to assist, including not obtaining relevant medical records and failing to provide a VA examination. The Veteran's claim for service connection for a head injury is being returned to the AOJ for further action.

The Board has granted the Veteran's request for payment of $100.00 for unauthorized non-VA medical expenses associated with COVID-19 testing performed by Aegis Sciences Corporation on February 1, 2021, due to the serious nature of the pandemic and the urgency of seeking treatment.

The Board found that the overpayment of VA compensation benefits due to concurrent receipt with drill pay for 67 days in FY 2020 was properly created, and thus denied the Veteran's appeal.

The Board denied the appellant's claim for special monthly DIC benefits in excess of those already awarded, finding that her current rate is sufficient and does not limit the number of hours she can pay for a caregiver.

The Board has determined that the decision made by the Centralized Eligibility and Appeals Team (CEAT) is legally inadequate to support the decision. The CEAT's determination that the Veteran is not in need of personal care services is conclusory and unexplained, lacking a detailed medical opinion with reasoning.

The Board has remanded the Veteran's claims for a higher rating for his chronic back pain with history of spondylolisthesis and entitlement to TDIU due to a pre-decisional duty-to-assist error in the August 2019 VA examination report.

The Veteran's spouse was found eligible for Dependents Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code. However, the spouse did not apply until October 2020 and was not prevented from initiating or completing her chosen program of education due to a physical or mental disability. Therefore, she is denied an extension of the delimiting date beyond May 15, 2003.

The Board has determined that new and relevant evidence was received to readjudicate the claim of service connection for a back injury. However, the Veteran's status as 'in-service' is disputed due to lack of documentation of an in-service injury or aggravation. The Board finds no causal relationship between the current disability and any in-service event, thus denying the claim.

The appeal was dismissed because the VA approved the claim for payment of non-VA dental services provided on February 24, 2020.

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 MSOFS on September 4, 2020, and October 2, 2020.

The Veteran's death was not caused by a service-connected condition, and the Board found no evidence of exposure to herbicides in service. The claim for DIC based on service connection for the cause of the Veteran's death is denied.

The Veteran's initial compensable rating for herpes was denied, and the Board has found that the December 2018 VA examination is inadequate due to the lack of findings on flare-ups. The case is remanded for a new examination.

The VA reduced the Veteran's disability rating for service-connected right foot hallux rigidus from 10 percent to noncompensable effective April 1, 2021. The Board found that this reduction was improper due to a failure to address regulatory requirements and restore the original 10 percent rating.

The appeal has been dismissed as the claim for payment of non-VA medical care provided on February 7, 2020, was administratively approved by VA.