Other conditions decisions — 2024

The Board has decided that the appointment of an attorney as the Veteran's fiduciary to manage his VA benefits was improper and has ordered a remand for further development.

The Veteran's claim for payment or reimbursement of non-VA emergency medical services provided on March 14, 2020 is being remanded due to the lack of associated non-VA treatment records. The Board will attempt to obtain these records and then readjudicate the claim under either 38 U.S.C. § 1725 or 38 U.S.C. § 1728.

The appeal for payment or reimbursement of non-VA medical services provided on December 21, 2019 is dismissed as the appellant is in receipt of the benefit sought.

The Veteran's cause of death, liver cancer, is related to his in-service exposure to contaminated drinking water at Camp Lejeune. The Board finds service connection for the cause of death is warranted after resolving doubt in favor of the Appellant.

The Board has not considered the September 2020 denial decision and missing relevant documents. The case is remanded for the AOJ to associate all evidence with the electronic claims file, including the original claim, medical records, and any other relevant documents.

The Board dismissed the claim for payment or reimbursement of non-VA medical services provided to the Veteran on February 20, 2020, as it does not have jurisdiction over such decisions.

The Veteran's appeal for reinstatement of special monthly compensation (SMC) at the aid and attendance rate was dismissed due to their death during the pendency of the appeal.

The Board has granted an earlier effective date of April 1, 2002 for the award of Dependency and Indemnity Compensation (DIC) based on service connection for the cause of the Veteran's death. The decision is based on the fact that within one year of the Veteran's death, the record contained sufficient evidence to establish entitlement to DIC.

The appeal is dismissed as the AOJ administratively approved payment for non-VA medical care provided to the Veteran from October 6, 2019, to October 31, 2019.

The Veteran's claim for service connection for benign prostatic hyperplasia is remanded due to a duty-to-assist error and the need for a toxic exposure risk activities (TERA) medical opinion under the PACT Act.

The Veteran's appeal for an increased rating for his right clavicle fracture with arthritis and rotator cuff tear was dismissed because the VA Form 10182 Notice of Disagreement (NOD) was not filed within one year of the January 2019 notification letter, which preceded the implementation of the Appeals Modernization Act.

The Board has remanded the claim of service connection for colitis due to a lack of medical opinion linking the condition to service.

The appeal is dismissed as moot due to the Veteran obtaining his Master's of Divinity degree and being onboarding at a new job. The claim for VR&E subsistence allowance payments associated with obtaining a Master's of Divinity degree has been denied.

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 claim for payment of non-VA dental care provided by MSOFS on September 11, 2020.

The Veteran's claim for a higher disability rating for his service-connected left ring finger fracture residuals was denied as he is already receiving the maximum schedular rating.

The appeal for payment or reimbursement of non-VA medical services provided on January 27, 2020 is dismissed as the appellant is now in receipt of the benefit sought.

The Board has dismissed the appeal as the claim for payment of non-VA medical services provided to the Veteran by Aegis Sciences Corporation on July 14, 2020, has already been granted and paid.

The Veteran's Sjögren's syndrome and leukocytoclastic vasculitis with hypergammaglobulinemic purpura of Waldenstrom were rated at 60 percent disabling, based on symptoms more nearly approximating exacerbations lasting a week or more, 2 to 3 times per year. The appeal is denied.

The Board has dismissed the appeal as the claim for payment of non-VA medical services provided to the Veteran on September 2, 2020, has been granted and no further payment is sought.

The Veteran's loss of tooth #18 is due to an in-service dental trauma, and the Board has granted service connection for this condition for VA outpatient treatment purposes.