Other conditions decisions — 2024

The Veteran's claims for a compensable rating for his right ring finger disability and SMC based on loss of use of the right hand are remanded due to non-compliance with Board's remand directives.

The Board denied service connection for transitional amnesia and memory loss, finding no current disability related to the claimed conditions.

The Veteran's left and right great toe arthritis resulted in severe symptomatology throughout the appeal period, warranting a 30 percent rating.

The Board has granted service connection for the Veteran's skin conditions, including basal cell carcinoma, actinic keratoses, and seborrheic keratoses. Service connection was denied for coccyx strain.

The Board has granted service connection for Vitamin D deficiency, finding that the Veteran's obesity, caused by a service-connected disability, was a substantial factor in causing his vitamin D deficiency.

The Board has determined that a remand is necessary to ensure the Veteran receives a VA examination for his eye disability, as he is currently incarcerated. The appeal will be returned to the Board after compliance with appellate procedures.

The Board denied the Veteran's claim for service connection for a right elbow disability, finding that his pre-existing condition was not aggravated by service and any increase in severity was due to natural progression of the disability.

The Board has dismissed the appeals for service connection for nephrectomy and splenectomy, as well as the claim of entitlement to TDIU due to the Veteran's death before a decision was made.

The Board has granted service connection for a recurrent skin rash, finding that the Veteran's symptoms began during his military service and have continued since then. The decision is based on credible testimony from the Veteran's family members regarding the onset of the condition.

The Board has granted service connection for a cyst/knot on the Veteran's chest, finding that it had its onset in service and persists to this day.

The Veteran's amputation of the left great toe was not reasonably foreseeable, and compensation under 38 U.S.C. § 1151 for this condition is granted.

The Veteran's claim for reimbursement of non-VA medical services on October 13, 2014 at Avera McKennan Hospital was denied as VA could not perform the necessary treatment and there was no prior authorization. The Board found that the follow-up procedure was a continuation of his emergency treatment.

The Veteran's appeal to reduce his education benefits rate was dismissed because there was no AOJ decision within a year preceding the VA Form 10182 that lowered his educational benefits.

The appeal seeking payment for home health services provided to the Veteran by a non-VA service provider is dismissed as it falls under a Veterans Care Agreement (VCA) dispute process that does not allow for Board review.

The Board has decided to remand the case due to a pre-decisional error in obtaining a VA examination and opinion regarding the Veteran's skin condition. The claim will be reconsidered with this information.

The AOJ incorrectly calculated the Veteran's eligibility period for Post-9/11 GI Bill benefits (Chapter 33) and has been corrected to May 13, 2022. The claim is granted.

The Veteran's claim for an effective date of February 25, 2013, for service connection of liver cancer is granted. The issue of initial compensable rating for liver cancer is remanded.

The Veteran's appeal for payment or reimbursement of medical expenses incurred on December 7, 2018, at a Community Hospital has been dismissed due to the Veteran's withdrawal of the appeal.

The Veteran's claims for an initial compensable rating for deviated nasal septum and service connection for a respiratory disorder, to include breathing problems, are both denied. The Board found that the evidence did not show 50 percent obstruction of the nasal passages or complete obstruction on one side, which would warrant a compensable rating for deviated nasal septum. For the respiratory disorder claim, there was no diagnosed condition and the VA examiner opined it was less likely than not caused by service-connected deviated nasal septum.

The Board dismissed the Veteran's claim for educational assistance benefits under Chapter 33 as it was not timely appealed and no request for extension of time limit to file an appeal was made.