Other conditions Board decisions

The Board dismissed the appeal as there is no administrative review process for disputes regarding the contractual payment rate for services provided under a Veterans Care Agreement (VCA). The appellant's disagreement with the reimbursement amount was resolved through an administrative dispute resolution process.

The appeal for payment of the cost of non-VA emergency medical services provided on March 28, 2020, is dismissed because a partial payment was already approved.

The Board has remanded the case due to the need for a VA medical opinion regarding the etiology of the Veteran's pancreatic cancer, which is claimed to be related to his exposure to Agent Orange during service. The cause of death issue is held in abeyance as it is intrinsically intertwined with the above-noted issues.

The Veteran withdrew his appeal, and the Board dismissed it.

The Veteran's request for a waiver of the recovery of overpayment of VA benefits was denied because it was not timely filed.

The Board has granted service connection for squamous cell carcinoma, base of tongue (throat cancer) due to exposure to ionizing radiation during active duty. The decision is based on the Veteran's credible and corroborated assertions that he was exposed to residual radiation while stationed at Pacific Missile Range Facility in Kwajalein, Marshall Islands from August 1961 to August 1962.

The Veteran's lymphoma (Waldenstrom macroglobulinemia) is granted as service connected due to exposure to AFFF during active duty.

The appeal was dismissed as the claim for payment of medical services provided on January 1, 2020 to January 31, 2020 has been resolved by administrative action.

The Veteran's claim for higher initial ratings for right hip extension and flexion of the thigh has been granted. The maximum schedular rating of 10 percent is assigned for each condition.

The Veteran's entitlement to waiver of recovery of Department of Veterans Affairs (VA) pension benefits in the amount of $27,744.00 is granted due to a valid overpayment created by retroactively reducing his VA pension benefits based on his receipt of Social Security Administration (SSA) income.

The appeal for VR&E benefits has been dismissed as the Veteran's eligibility was subsequently granted and they have not raised any other issues.

The Board found that the reduction and termination of pension benefits were proper due to unreported income, but denied restoration of pension benefits.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a non-VA facility on January 9, 2015, was denied because the services were not rendered in an emergency and VA facilities were feasibly available to treat his condition.

The Veteran's appeal for an initial compensable rating for service-connected squamous cell carcinoma of the nasal cavity is dismissed as he has withdrawn his appeal.

The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation.

The Board has remanded the cases for further development due to additional VA treatment records added to the claims file.

The Board has remanded the Veteran's claims for service connection for cellulitis of the right leg and a vascular disability of the lower extremities, to include varicose veins, as secondary to cellulitis of the right leg due to conflicting medical opinions and the need for further development.

The Board has denied the Veteran's claims for service connection for right foot, left foot, shrapnel wound to stomach, and shrapnel wound to hand conditions as there is no persuasive evidence that these conditions began during or are otherwise related to his military service.

The Board has directed the VA to review and provide an opinion on the relationship between the Veteran's syncope, orthostatic hypotension, and his service-connected disabilities. The matter is being remanded for further medical evaluation.

The Veteran's appeal for service connection for adjustment disorder with depressive mood is dismissed due to the withdrawal of his appeal by his representative.