Other conditions Board decisions

The appeal for payment or reimbursement of non-VA medical services provided by the appellant from December 1, 2018 to December 31, 2018 is dismissed as there was no adverse action taken and the appellant is in receipt of the benefit sought.

The Veteran withdrew his appeal for payment or reimbursement of medical services received at Northside Hospital on August 11, 2020.

The appeal is denied because the non-VA medical services provided on January 12, 2021 were not authorized by VA and thus there is no legal basis for payment.

The appeal for payment of the cost of non-VA emergency medical services provided on September 25, 2019, is dismissed as the claim was administratively approved and no disagreement remains.

The appeal for payment or reimbursement of non-VA medical services provided by the appellant from September 1, 2019 to September 30, 2019 is dismissed as moot.

The Board denied the Veteran's request for an earlier effective date for adding dependent children and a spouse to her VA award, as the required information was not provided within one year of the relevant events.

The Veteran's heart disability is related to his military service, specifically exposure to herbicides during service in Thailand. The Board granted the claim for atherosclerotic coronary vascular disease with congestive heart failure on direct basis.

The Veteran's request for a waiver of overpayment debt due to simultaneous receipt of VA compensation benefits and military training pay, as well as retroactive removal of a dependent child, was granted. The decision found no indication of fraud or bad faith on the part of the Veteran, but faulted him for not waiving concurrent payments and reporting changes in his dependency status.

The Veteran's period of service from November 21, 2016 to August 17, 2020 was used to establish entitlement to educational assistance benefits under Chapter 30. The same period cannot be used for Chapter 33 education benefits due to the bar on duplication of eligibility based on a single event or period of service.

The Board denied the appeals for payment of non-VA medical expenses incurred on January 18, 2021, January 28, 2021, February 1, 2021, and February 4, 2021 due to a lack of VA authorization.

The Board has determined that the Appellant's claim file is incomplete and requires additional information to make an eligibility determination for VA loan guaranty benefits. The case must be remanded to ensure all relevant records are obtained.

The Board has determined that the Veteran's notalgia paresthetica, right upper extremity is related to service and grants service connection for this condition.

The appeal is dismissed because the dental services provided by the appellant were pursuant to a Veterans Care Agreement (VCA) which has its own administrative dispute resolution process that does not allow for appellate review.

The Board denied the appellant's claim for an apportionment of her estranged spouse's VA benefits, finding that he reasonably provided support from August 2020 until their divorce in late September 2020.

The Board has remanded the Veteran's claims for service connection for right lung nodules, left lung nodules, pleural thickening, and pulmonary fibrosis due to pre-decisional failures of duty to assist in obtaining missing service treatment records and inadequate examinations. The VA is required to undertake additional efforts to obtain these records and prepare a TERA memorandum addressing the Veteran's exposure to herbicide agents (Agent Orange) and asbestos in service.

The Board denied an earlier effective date for the grant of Total Disability Rating Based Upon Individual Unemployability (TDIU) based on a lack of pending claims and evidence of worsening in the year prior to September 17, 2019.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's insomnia and his service. The claim will be reconsidered with a new examination.

The Veteran's frontal lobe dementia is due to his service-connected other specified bipolar and related disorder, posttraumatic stress disorder. The Veteran's cerebrovascular accident is not secondary to his service-connected conditions.

The Board has dismissed the appeal as it is not within its jurisdiction to review payment for non-VA medical services provided by Mountain Oral Facial Surgery.

The Board has decided to remand the case due to a pre-decisional error in the eligibility determination for PCAFC benefits. The decision will be reconsidered based on the correct statutory criteria.