Other conditions Board decisions

The Board has determined that the AOJ improperly terminated VA compensation benefits due to a fugitive felon status without sufficient evidence of an active warrant and NCIC code indicating flight or probation/parole violation. The case is remanded for further action.

The Board has remanded the claims of entitlement to an earlier effective date for the grant of a total disability rating due to individual unemployability (TDIU) and entitlement to an earlier effective date for Dependents' Educational Assistance under 38 U.S.C. chapter 35 (DEA). The Veteran is requested to provide employment information from AT&T Stadium, Legends Concessions, and Social Security Administration records are sought.

The Board has granted the Veteran's claim for service connection for a left elbow disability, finding that his symptoms began during active service and are related to an in-service injury.

The Board has remanded the case due to insufficient records and lack of clarity regarding the overpayment debt creation process. The Veteran's dependent spouse, M.A.L., challenges both the propriety of the overpayment creation and its recoupment.

The Board has determined that there is a duty to provide a clear accounting of the total overpayment debt and determine if the Veteran's deployment and notification about internet access issues constitute a valid request for withdrawal. The case is being remanded to the Committee on Waivers and Compromises (COWC) for further review.

The appeal has been dismissed as the claim for payment of non-VA medical care provided from October 9, 2019, to January 31, 2020, was resolved by administrative action.

The Board has determined that the reduction of the rating for palpitations/sinus tachycardia from 30% to 10% was improper and restored the original 30% rating.

The Veteran's initial claim for a higher rating for her residuals of colonoscopy, s/p perforated ileum, is granted. The Board finds that the Veteran's condition has caused marked interference with absorption and nutrition, manifested by severe impairment of health objectively supported by material weight loss, warranting an initial 60 percent rating. For the TDIU claim, the Veteran's service-connected disability does not preclude her from securing or maintaining substantially gainful employment.

The Veteran's appeal is remanded due to the need for a peripheral nerve examination to assess his right upper and lower extremity conditions.

The Board has denied the Veteran's claim for service connection for squamous cell carcinoma of lateral tongue, finding that it is not causally related to in-service herbicide exposure and noting a history of tobacco use as a risk factor.

The Board has remanded the claims of service connection for right hip strain and left hip strain, finding that an adequate medical opinion is needed to determine if these conditions are related to service or caused by service-connected disabilities.

The Board denied the Veteran's claim for service connection of a left hamstring disability, finding that there is no evidence linking his current condition to an in-service injury or disease.

The Board denied the claim for payment of non-VA medical expenses incurred on January 10, 2021 due to lack of VA authorization.

The appellant withdrew his appeal for service connection of a bilateral foot condition before the decision was made.

The Board has dismissed the appeal as it does not have jurisdiction to review payment disputes under Veterans Care Agreements (VCAs) due to specific statutory and regulatory provisions.

The Veteran's request for a waiver of an overpayment debt was found to be timely filed, and the appeal is granted as to this issue. However, the case is remanded for further consideration on the merits.

The Board found that the Veteran was divorced and had no dependent children, and thus their removal from his VA disability benefits award was proper.

The Board has granted service connection for recurrent membranous urethral stricture and cystitis, finding that these conditions are proximately due to treatment for the Veteran's service-connected prostate cancer.

The Veteran's invasive poorly differentiated adenocarcinoma of the esophagus, stomach, rib and liver was found to be related to his service in Vietnam where he was exposed to herbicide agents. The Board granted service connection for this condition.

The Board has determined that the Veteran's deviated septum is related to service and remands the case for a new VA examination.