Other conditions decisions — 2024

The Board has decided to remand the case due to a duty-to-assist error and insufficient medical opinion regarding the relationship between the Veteran's service-connected lumbar spine sacroiliitis and his claimed pelvic unleveling condition.

The appellant requested the withdrawal of their attorney fees appeal due to a filing error, and the Board has dismissed the case as it does not have jurisdiction.

The Board has restored the Veteran's TDIU benefits from December 1, 2020, as the RO improperly discontinued these benefits without providing proper notice and time to respond.

The Board has dismissed the appeal as the claim for payment of medical services provided to the Veteran by the appellant on November 6, 2020, has already been granted and paid.

The Veteran withdrew his appeal for entitlement to a total disability rating based on individual unemployability (TDIU) prior to the promulgation of a decision.

The Board dismissed the appeal as the VHA overturned its denial and approved reimbursement of non-VA medical services provided to the Veteran on July 30, 2020.

The Veteran's esophageal disability is remanded due to the need for additional evidence and clarification of service connection.

The Board dismissed the appeal as to whether the suspension of DIC benefits effective September 1, 2020 was proper because the claim for reinstatement of DIC benefits had already been granted in full.

The appeal for payment or reimbursement of non-VA medical services provided on January 26, 2020 is dismissed as the claim has been resolved in favor of the appellant.

The appeal is granted, and the Veteran's entitlement to special monthly compensation based on the need of aid and attendance due to service-connected disabilities is restored effective April 1, 2022. The VA examinations are inadequate, and remand is warranted for an addendum opinion.

The Veteran's appeals for increased ratings for gout and scars were dismissed due to his death during the appeal process.

The Board denied the Veteran's claim for service connection for internal hemorrhaging as there is no current diagnosis of a hemorrhagic disability.

The Veteran's appeal for beneficiary travel benefits is remanded due to insufficient evidence and notification issues. The AOJ needs to correct these errors by providing proper notice, obtaining necessary records, and notifying the Veteran of the decision.

The Veteran's appeal is dismissed due to his death during the pendency of the appeal.

The Board has determined that additional medical opinions are needed to address the nature and etiology of the Veteran's claimed disabilities, including whether they had onset in service and are related thereto.

The Board denied the Veteran's appeal regarding recoupment of his voluntary separation pay from VA disability compensation, as it was proper and based on the regulations.

The appellant is not eligible for accrued benefits due to his deceased beneficiary as he does not meet the criteria of being a child or having paid expenses for last sickness and burial. The Board denied the claim.

The Veteran's non-VA provider, Cape Cod Orthopedics and Sports Medicine, requested reimbursement for medical services provided on June 4, 2018. The claim was denied due to lack of authorization. However, the denial letter is missing from the claims file. The Board finds that proper notice of the decision under 38 U.S.C. § 5104 has not been provided and thus remands for adequate notice.

The appeal is dismissed because the revenue cycle management company 'Convergent' did not provide the medical services and thus cannot file an NOD.

The Veteran's claim for payment of VA beneficiary travel expenses was granted due to the application of equitable tolling, as his inability to access appointments on the BTSSS website caused a delay in filing.