Other conditions decisions — 2024

The Board has denied an increased rating for the Veteran's service-connected diverticulitis, finding that the disability picture does not warrant a higher evaluation than the current 30 percent assigned.

The Board granted the Veteran's request for a waiver of recovery of overpayment of VA compensation benefits, finding that it would be against equity and good conscience to recover the debt due to the Veteran's lack of fault in the creation of the debt.

The Veteran's follicular non-Hodgkin's lymphoma is being remanded for further development, including obtaining a VA dose estimate and medical opinion regarding the relationship between his current condition and service exposure to radiation or chemicals.

The Board denied the Veteran's claim for a waiver of an overpayment debt arising from his execution of UTAs during FY 2019, finding that the criteria for a waiver were not met due to financial hardship and lack of reliance on VA benefits.

The Veteran's pulmonary fibrosis is granted as service connected due to herbicide exposure during his active duty in Vietnam.

The Board has determined that the reduction of the Veteran's nonservice-connected pension benefits, effective December 1, 2018, was proper based on a change in countable income due to receipt of Social Security Administration (SSA) benefits.

The Veteran's gynecological disability, including residuals of an abdominal hysterectomy, right salpingo-oophorectomy, and appendectomy, is remanded for further review due to the need for clarification regarding whether it clearly and unmistakably existed prior to service and was not aggravated by service.

The Board has remanded the case due to errors in obtaining the Veteran's complete service personnel records and inadequate VA medical opinions regarding the etiology of his psychiatric disability.

The appeal for payment of non-VA medical services provided by the appellant from May 1, 2020, to September 30, 2020, has been granted and is dismissed.

The Board has remanded the case due to inadequate service connection opinion and the need for a VA TERA opinion regarding the Veteran's basal cell carcinoma. The PACT Act requires consideration of toxic exposure risk activities (TERA).

The Veteran's appeal regarding the overpayment of VA benefits is remanded due to a procedural error in adjudicating the creation and waiver issues.

The Veteran's appeal for an increased disability rating for her service-connected hysterectomy was dismissed because she did not timely file a VA Form 10182, and good cause has not been shown to extend the filing deadline.

The appeal for burial benefits has been withdrawn and the claim is dismissed.

The Board has remanded the claims for service connection for avascular necrosis of the hips due to a duty-to-assist error and because the Veteran participated in a TERA. The AOJ is instructed to obtain private treatment records and provide a TERA opinion.

The Board dismissed the appeal as there is no remaining questions of law or fact regarding the Veteran's eligibility for VR&E services.

The Board has dismissed the appeal as the Veterans Health Administration (VHA) has already overturned its initial denial and paid for the medical expenses provided by the non-VA provider on September 1, 2020.

The Board has granted the Veteran's claims for service connection for left and right foot conditions, finding that there is at least reasonable doubt in favor of aggravation beyond natural progression during active duty.

The Board has dismissed the appeal as the VA approved payment for non-VA medical services provided on May 5, 2019.

The Veteran withdrew their appeal regarding the allowance for an automobile or other conveyance, and adaptive equipment, or adaptive equipment only. The appeal is dismissed as a result.

The Board has dismissed the appeals for payment or reimbursement of medical services performed from January 1, 2020 through March 31, 2020 due to the claims having been approved and no longer in dispute.