Other conditions decisions — 2024

The Board has denied service connection for a bilateral foot condition and remanded the issue of service connection for right hip tendonitis. The denial is based on the lack of evidence of a current disability, while the remand is due to insufficient medical records to determine if the hip condition is related to service or other disabilities.

The Board has determined that there was not substantial compliance with the previous remand directives and thus, another remand is needed to obtain a proper medical opinion regarding the nature and etiology of the Veteran's claimed residuals of cold weather injury to the bilateral hands.

The Veteran's spouse, V.G., was recognized as his dependent for additional dependency compensation purposes effective January 24, 2015. The decision grants the claim based on the proper notification of marriage within a year.

The Board denied compensation under 38 U.S.C. § 1151 for the Veteran's large intestine resection and ostomy, concluding that VA care did not result in additional disability due to negligence or unforeseeable events.

The appeal for non-VA dental services provided on February 20, 2020, is dismissed as the appellant received payment and there was no error in the decision.

The Board has determined that the eligibility decision for PCAFC benefits is legally inadequate due to a pre-decisional duty to assist error. The CEAT's review did not adequately consider all relevant evidence and was inconsistent with other findings in the record.

The Veteran's right elbow flexion is limited to 95 degrees, extension to 5 degrees, supination and pronation to 70 degrees. A 20 percent rating for right medial epicondylitis with prominent ulnar nerve (based on painful motion) is granted.

The Board denied the appellant's claim for accrued benefits as it was filed more than one year after the death of her mother, who had applied for DIC benefits.

The Board has determined that there was a pre-decisional duty to assist error and requires the Centralized Eligibility and Appeals Team (CEAT) to provide a legally adequate medical decision regarding eligibility for PCAFC benefits. The CEAT must consider whether it is in the Veteran's best interest to participate in the program, his need for personal care services, supervision or protection, and regular or extensive instruction or supervision.

The Board dismissed the appeal as to entitlement to an earlier effective date for the grant of service connection for cause of death due to the untimely filing and improper use of VA Form 10182.

The Veteran is seeking payment or reimbursement for the cost of non-VA medical services provided on January 19 and 20, 2020. The Board has determined that remand is necessary to address issues related to eligibility for payment under applicable laws.

The Board has remanded the claims for service connection for bilateral upper extremity loss of strength due to an inextricably intertwined relationship with other remanded issues, specifically a back and neck condition. The AOJ is instructed to obtain a VA examination to determine if any dental disability exists and whether it is related to military service.

The Board has decided to remand the case due to a failure to provide an adequate duty to assist, specifically failing to reschedule a VA examination for the Veteran's right-hand disability claim. The Veteran will be scheduled for a VA examination to determine the nature and etiology of their claimed condition.

The Board denied the Veteran's appeal regarding the withholding of VA compensation benefits due to concurrent receipt of VA disability compensation and drill pay for 24 days during FY 2019, finding that the creation of the overpayment debt was valid.

The Board has remanded the case due to a pre-decisional duty to assist error, requiring further examination and opinion regarding the etiology of the Veteran's right fifth finger disability.

The Veteran's disability rating for other specified trauma and stressor related disorder (claimed as sleep disturbances) was reduced from 50% to 30%, effective June 29, 2020. The appeal to restore the 50% rating is granted. Entitlement to a higher rating for this condition remains denied.

The appeal for a total disability rating based on individual unemployability (TDIU) is dismissed due to the Veteran's death.

The Veteran's claim for a compensable rating for residuals of malignant neoplasm of bladder with dysuria and gross hematuria is granted, and he is also granted TDIU due to service-connected disabilities.

The Veteran's claim for reimbursement of medical services provided by St. Francis Hospital from October 13, 2019, to October 16, 2019, was initially denied due to being received more than 90 days after discharge. The claim was later approved in April 2020 under 38 U.S.C. § 1725. However, the records are incomplete and need further review to determine if the Veteran has other health insurance that fully extinguished his liability for the treatment.

The Veteran withdrew his appeal before a decision was made, so the case is dismissed.