Other conditions decisions — 2024

The Board has dismissed the appeal as there is no longer a case or controversy for decision due to the reversal of the initial denial and approval of payment for non-VA medical services provided on March 20, 2020.

The Board has decided to remand the case due to a need for additional medical opinions regarding the etiology of the Veteran's left elbow disorder.

The Board has restored a 10% disability rating for the Veteran's right foot/ankle sprain, effective January 1, 2019. The reduction from 10% to noncompensable was improper due to lack of evidence demonstrating sustained improvement under ordinary conditions of life and work.

The Board has determined that the AOJ committed a pre-decisional duty to assist error by not attempting to obtain copies of private community care records, which may be relevant to deciding whether the Veteran regularly requires aid and attendance due to service-connected disabilities. The case is therefore REMANDED for the AOJ to attempt to obtain these records.

The Veteran seeks service connection for myasthenia gravis, which she asserts is related to her service-connected right knee disability. The Board finds that the evidence does not contain sufficient information to make a decision on the claims and identifies duty to assist errors that occurred prior to the September 2019 rating decision.

The Board has remanded the case for further development due to a pre-decisional duty to assist error, specifically obtaining VA treatment records from North Texas VA Healthcare System and ensuring all appropriate development is completed prior to readjudication of the claim for DIC based on service connection for the cause of the Veteran's death.

The appeal has been dismissed as the AOJ administratively approved the payment of dental care provided to the Veteran on February 24, 2020, and February 25, 2020.

The Board has decided to remand the case due to a lack of information regarding the exact number of drill days performed by the Veteran in FY 2019. The Veteran's claim will be reconsidered with this additional information.

New evidence has been submitted that is relevant to the claim of service connection for a cardiovascular disability. The Board finds it necessary to reconsider this case.

The Veteran's child, H., was restored to her VA disability compensation award effective May 1, 2020. The Board found that the Veteran timely provided verification of H.'s dependency status within one year of the original removal decision.

The Board has dismissed the appeal as the appellant's claim for payment of hospice services provided from March 1, 2020 to April 18, 2020 was approved and payment was processed according to VA policy.

The Board has identified a pre-decisional duty to assist error and has remanded the case for further action, including obtaining detailed descriptions of the Veteran's back brace and how it causes wear and tear to clothing, as well as locating any outstanding VA records pertaining to this back brace and other claims for clothing allowances.

The Board has ordered the Veteran's periods of incarceration to be verified by CDOC and remanded for recalculation of overpayment amount. The Veteran is advised that his waiver claim will not automatically return to the Board.

The Board has determined that there is a pre-decisional error regarding the fee agreement between the Veteran and the appellant. The decision is being remanded to correct this issue.

The Veteran's heart disability, characterized by a workload of 5.1 -7 METs resulting in fatigue during activities, warrants a 30 percent rating under the General Rating Formula for Diseases of the Heart.

The Veteran's cause of death, neoplasm of pharynx, is related to conceded in-service exposure to herbicide agents. The appeal for DIC benefits under 38 U.S.C. § 1318 is dismissed as moot.

The appeal for payment or reimbursement of medical services provided by Barnes Jewish Hospital from October 15, 2017, through October 23, 2017, has been dismissed as the full cost was administratively approved and paid/reimbursed in full.

The Board has remanded the Veteran's claims for service connection for right and left foot disabilities, including jungle rot. The case is being returned to the RO for further development.

The appeal for payment or reimbursement of beneficiary travel expenses incurred on March 17, 2020, was dismissed as the claim has been approved and processed according to VA policy.

The Veteran's claims for cellulitis of the right leg and dermatophytosis and onychomycosis of the bilateral toenails have been readjudicated due to new evidence. The claims are granted.