Other conditions decisions — 2024

The Veteran's appeal for service connection for vision issues, eye problems and cataracts, as well as an increased rating for tinnitus, has been dismissed due to the Veteran's request to withdraw his appeal.

The Board denied a request to award an earlier effective date for the addition of D.M.L. as a dependent, finding that the evidence did not support a claim prior to September 1, 2020.

The Veteran's claim for reimbursement of travel expenses related to a December 11, 2023, appointment at the Virginia Street VA Dental Clinic was dismissed as it was determined to be a duplicate claim. The benefits have already been granted and paid.

The appeal was dismissed due to the appellant's death, and no final decision can be made.

The Board has determined that the decision regarding special monthly compensation based on aid and attendance housebound, total disability based on individual unemployability, and accrued benefits is legally inadequate due to incomplete documentation. The claims are being remanded for further action.

The Veteran's gynecomastia residuals are rated at 30 percent effective January 23, 2020. The rating for scars of the chest remains at noncompensable (0 percent).

The Veteran's appeal for special monthly compensation based on the need for aid and attendance/housebound was dismissed because it had already been decided in the legacy review system.

The Veteran's appeal for service connection for a heart disability, including as due to in-service exposure to an herbicide agent, is remanded. The AOJ must request the Veteran be scheduled for an appropriate VA examination to determine the nature, date of onset, and etiology of his aortic valve disorder and/or heart block.

The Board has determined that the claim for payment or reimbursement of ambulance transportation services provided to the Veteran on July 14, 2023, should be remanded due to a pre-decisional duty to assist error. The AOJ must obtain and associate all pertinent documents related to the claim with the electronic claims file.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities.,The Veteran's claim for an increased rating of aortic valve replacement and heart murmur was denied as the evidence does not meet the criteria for a higher rating.

The Veteran's appeal for a compensable disability rating for bilateral hearing loss has been dismissed because he did not specify which decision or issue with which he disagreed.

The Veteran's attorney, J.F., is eligible for the direct payment of past-due benefits awarded in a March 2022 rating decision. However, due to J.F.'s withdrawal prior to the issuance of the decision awarding benefits, the amount of reasonable fees must be determined by the Office of General Counsel.

The Veteran's appeal for a higher disability rating for left foot strain, status post fracture of the 5th metatarsal with bone graft, from March 9, 2016 is dismissed because the VA Form 10182 was not properly docketed under the modernized review system.

The Veteran's left thumb disability is rated at 20 percent, but no greater. The Board has granted this rating and remanded the issue of entitlement to TDIU prior to September 16, 2022.

The Veteran's accrued benefits claim was denied as the Appellant did not provide evidence of additional last sickness and burial expenses beyond what she has already been reimbursed.

The appeal for payment or reimbursement of non-VA medical services provided on September 8, 2019 is dismissed as the claim was administratively reviewed and processed according to VA policy.

The Veteran's appeal for additional annual clothing allowances for the 2019 calendar year is remanded due to insufficient evidence and lack of clarity in the AOJ decision. The AOJ must associate all relevant records, including the Veteran's application for benefits, and provide notice of their decision.

The Board has determined that the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a right inguinal hernia repair performed at a VA facility on January 26, 2009 is remanded due to duty-to-assist errors and inadequate medical opinion.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Board has granted service connection for the Veteran's essential tremors, finding that it is at least as likely as not related to his exposure to herbicides during his active service in Vietnam.