Other conditions Board decisions

The Board has decided to remand the claim for a neck disorder due to insufficient evidence in the VA examination and failure to provide notice of a right to a hearing. The Veteran's claim will be reconsidered after these issues are addressed.

The Board has remanded the claims for service connection due to pre-decisional duty to assist errors, including obtaining records from the Veteran's final hospitalization and seeking VA medical opinions on the cause of death and right hip replacement.

The Veteran's claim for an earlier effective date of August 8, 2018, for the assignment of a 20 percent evaluation for Hashimoto's disease was granted. The claim for an initial rating in excess of 20 percent for Hashimoto's disease is denied.

The Veteran's claim for an allowance for an automobile or other conveyance and adaptive equipment was denied as he is not in receipt of service-connection for the conditions that would qualify him for such benefits, and his service-connected disabilities do not meet the criteria for loss of use of a foot.

The Board denied the Veteran's claim for service connection for a dental disability, finding that enamel erosion and abrasion are not compensable disabilities under VA regulations.

The Board has determined that the discontinuance of VR&E services was improper due to lack of reasonable attempts to discuss and resolve issues with the Veteran, leading to a decision to restore services.

The Board has determined that the Veteran's left eye disorders did not manifest in service and are not otherwise related to service, thus denying his claim for service connection.

The Veteran's appeal for service connection for left foot arthritis has been dismissed because the Veteran withdrew his appeal prior to a decision being made.

The Board has reopened the Veteran's claim for service connection of Arnold Chiari I malformation and granted it, finding that new medical evidence supports a link between the condition and her military service.

The Veteran received non-VA urgent care for COVID-19 symptoms at Susan B. Allen Immediate Care on January 27, 2022. The Board found the care was emergent and not previously authorized by VA or a federal facility, thus granting payment under 38 U.S.C. § 1725.

The Board has granted readjudication of service connection for nerve damage to both hands, finding new and relevant evidence. However, the claims are denied as there is not approximately balanced evidence that these conditions are due to service or a service-connected condition.

The claim for Dependency and Indemnity Compensation (DIC) has been dismissed as moot due to the grant of service connection for the cause of the Veteran's death.

The Board has decided to remand the case due to new evidence received by the Veteran, and thus the current decision does not address service connection.

The Veteran's incarceration due to a felony conviction has resulted in the reduction of his VA disability compensation benefits. The Appellant, as legal guardian and custodian of the Veteran's minor child, is seeking an apportionment of these benefits on behalf of her grandchild. However, the AOJ incorrectly stated that the Beneficiary and the Appellant were residing at the same address as the Veteran, which was not true given the incarceration status. The AOJ also failed to provide notice regarding the Beneficiary's rights to apportionments. The Board finds these errors warrant a remand for proper consideration of the case.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience.

The Board has denied service connection for HIV and rhabdomyolysis due to lack of evidence linking these conditions to the Veteran's active duty from April 1987 to August 1987. The Board found no current chronic disability, no in-service event, injury, or disease, and no link between a current disability and service.

The Board has determined that the Veteran's emergency medical treatment at St. Francis Hospital on March 26, 2020, was for an urgent condition and a VA facility was not feasibly available, thus granting payment or reimbursement of the non-VA medical services.

The Board found that the reduction of the Veteran's nonservice-connected pension benefits, effective May 1, 2017, was proper due to an increase in his countable family income.

The Veteran's appeal was dismissed due to their death, and no one has requested substitution for the Veteran.

The Veteran's left hand condition is being remanded due to a duty to assist error. The AOJ needs to obtain an addendum opinion from an appropriate clinician regarding whether the additional disability was due to an event not reasonably foreseeable.