Other conditions decisions — 2024

The Veteran's appeal of his service connection claims for bilateral piriformis hip flexor disabilities is remanded due to a procedural error in the handling of his VA Form 20-0996 request.

The Veteran's genitourinary disorder, claimed as bladder obstruction, did not result from VA medical care and is not service-connected. The Board found no additional disability due to VA treatment.

The Board denied the Veteran's claims for recognition of his ex-wife M.A. as a dependent spouse and his stepchildren A.A. and C.A. as dependent children due to lack of legal basis given that he was not married to M.A. at the time of filing the dependency claim.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred on June 11, 2020 at Cape Fear Valley Medical Center was denied because the claim was filed more than 90 days after the treatment and did not meet the eligibility requirements under VA regulations.

The Board dismissed the appeal as there was no adverse action to review due to an underpayment being corrected and the appellant receiving additional reimbursement.

The appellant withdrew their appeal due to becoming eligible for a permanent and total disability rating, requesting the hearing time slot be given to another veteran.

The Board denied the appeal as the withholding of VA compensation benefits to recoup military separation pay was proper, and it found that the Veteran's financial hardship argument did not change this outcome.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's daughter is seeking retroactive payments for funeral expenses and assisted living facility fees. The AOJ denied the claim, but the Board finds that the matter should be remanded to allow the AOJ to adjudicate it on its merits.

The Veteran's right and left hip disabilities have been evaluated under the diagnostic codes pertaining to limitation of motion. The evidence does not support a higher evaluation for arthritis, bilateral hip, with strain (impairment of thigh).,The Veteran's hip conditions do not meet the criteria for a compensable evaluation for arthritis, bilateral hip, with strain (limitation of extension) or arthritis, bilateral hip, with strain (limitation of flexion).

The Veteran's incarcerated daughter was granted a temporary special apportionment of $322.78 of his VA benefits from May 1, 2019 to June 1, 2021 due to her economic hardship and need for the funds.

The Veteran's death was due to colon cancer, which is not presumptively related to herbicide agent exposure. The Board finds a pre-decisional duty to assist error in failing to obtain a medical opinion on whether the Veteran's herbicide agent exposure caused his colon cancer.

The Veteran's impotence resulting from penile prosthesis implant surgery is considered a qualifying additional disability under 38 U.S.C. § 1151, as the infection that caused the removal of the prosthesis was not reasonably foreseeable and resulted in an additional disability.

The appeal was dismissed due to the appellant's death. The Board cannot adjudicate the merits of this appeal as it is no longer in a pendency state.

The Board has remanded the Veteran's claim for beneficiary travel reimbursement due to unclear evidence and incomplete information regarding his income and medical expenses. The AOJ is instructed to provide the necessary development.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's appeal for service connection for CVA residuals, including as due to exposure to environmental hazards in the Southwest Asia theatre of operations during the Persian Gulf War, has been remanded due to duty-to-assist errors.

The Board dismissed the appeal due to the appellant's withdrawal before a decision was made.

The Veteran's non-VA emergency treatment for Covid-19 on June 18, 2022 is granted as it meets the criteria of a medical emergency under prudent layperson standards.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's pre-existing spina bifida occulta with related levoscoliosis and degenerative changes was not clearly and unmistakably not aggravated by service. The Board also found a nexus between the in-service symptoms and the current disability.