Other conditions decisions — 2024

The Veteran withdrew his appeals for special home adaptation and specially adapted housing benefits, which have been dismissed.

The Board has decided to remand the case due to a failure to provide a VA examination and obtain a TERA opinion regarding the Veteran's bilateral eye condition, which is linked to alleged exposure to burn pits in Vietnam.

The Veteran's representative withdrew the appeal before a decision was made, resulting in the dismissal of the case.

The Board has remanded the case due to insufficient notice and for an adequate medical decision to be obtained. The Veteran's eligibility for PCAFC benefits is being reviewed.

The Board denied service connection for right finger joint pain, finding no current diagnosis or functional impairment. The reduction in rating for PFB was also denied.

The Veteran's appeals for recognition of his former spouses, A. and P., as dependents were denied due to the failure to provide necessary social security numbers.

The Veteran's spouse was added as his dependent to his VA disability compensation award effective February 1, 2021. The Board found an earlier effective date of June 14, 2017 is warranted based on the initial submission of a claim for recognition of the spouse as a dependent in October 2002.

The Board denied the Veteran's challenge to his overpayment based on divorce from R.O. and loss of custody of dependent minor children (C.L., L.O.). The decision stated that the overpayment was properly created due to the Veteran's failure to notify VA of his divorce and loss of custody.

The Veteran's residuals of an injury to right lower extremity, Muscle Group XII status-post residuals of shell fragment wound are rated at a 20 percent rating, effective from the entire appeal period. The Board found that his disability most nearly approximates a moderately severe disability.

The appeal seeking payment or reimbursement for the cost of medical services performed on November 24, 2020 by Aegis Sciences Corporation is dismissed as the benefit has been approved.

Your initial denial of an annual clothing allowance for the 2019 calendar year was reversed and your claim has been approved. The appeal is dismissed as there are no remaining issues to be adjudicated.

The Veteran's somatic disorder has been rated at 70 percent since March 6, 2020. This rating is appropriate based on his symptoms of depressed mood, anxiety, chronic sleep impairment, disturbances of motivation and mood, difficulty in establishing and maintaining effective work and social relationships.

The Board has determined that the Veteran's service connection claim for a bilateral eye condition should be remanded due to a duty to assist error and potential exposure to hazardous substances during service.

The Veteran's dental treatment provided by the appellant, Dr. Thomas Lyons, was approved under 38 U.S.C. § 1703 and is now granted for payment or reimbursement.

The Veteran's appeal is remanded for further development, including a disability rating under Diagnostic Code 7613 for her residuals from fibroid surgery and adjudication of her TDIU claim.

The Board has determined that the AOJ's failure to have a complete record, including all documents and determinations, contained in the electronic file constitutes a pre-decisional duty to assist error and such inaction stifles the Board from adequately adjudicating the appeal before it. The claim must be remanded for further development.

The Board denied the appellant's claim as his character of discharge from service constitutes a bar to VA benefits, and there is no evidence provided for service connection or other claims.

The Board dismissed the issue of eligibility for agent fees based on past-due benefits awarded in a February 2021 rating decision, as the appellant was granted agent fees in that decision.

The Board has remanded the case due to a duty-to-assist error, requiring an addendum opinion from an appropriate clinician to determine the nature and etiology of the Veteran's claimed residuals of squamous cell carcinoma of the oropharynx.

The appeal seeking payment or reimbursement for unauthorized non-VA medical services provided on February 14, 2020 is dismissed because the appellant (a billing company) did not provide the underlying treatment and is not a proper claimant.