Other conditions Board decisions

The Veteran's appeal for a higher rating for tension headaches has been dismissed due to the Veteran's death during the pendency of the appeal.

The Veteran's claim for waiver of overpayment due to the removal of his dependent children from his award is remanded. The issue involves whether the debt was validly created and if the Veteran should be given an opportunity to seek a waiver.

The Board denied the Veteran's claim for an effective date prior to December 21, 2020, for additional dependency compensation for his child D.L., stating that the earliest possible effective date has already been assigned due to the Veteran's late submission of a complete application after his previous appeal became final.

The Board has determined that the decision on the medical reimbursement claim is not complete and requires additional information or evidence to be considered. The appeal is being remanded for further action.

The Veteran's appeal was dismissed due to their passing away during the pendency of the appeal.

The Veteran's squamous cell carcinoma of the tongue and right pharyngeal wallet is being remanded for a VA examination to determine if it is related to service, including exposure to herbicide agents. The current evidence does not establish direct service connection.

The Veteran's application for PCAFC benefits was denied because he entered a VA home care facility, making him ineligible for the program.

The Veteran's increased rating for residuals fracture/herniated nucleus pulposus, C5-6, to include arthritis, spinal fusion, and spinal stenosis is denied. The reduction of his neck scars rating from 30% to 10% is granted.

The Board denied the Veteran's appeal as the VA correctly withheld $13,883.10 in military separation pay from her disability compensation benefits.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Veteran's claim for a compensable rating for polycystic ovarian syndrome (PCOS) is denied as the evidence does not show that she requires continuous treatment or has symptoms that do not require continuous treatment.

The Board has determined that there are missing documents in the Veteran's file, specifically medical records for the February 25, 2020 episode of care at Physicians Regional Medical Center Collier. The case is being remanded to ensure a complete record before making a decision.

The Board has granted an initial 10 percent rating for the Veteran's sebaceous cyst, effective from the date of the August 2021 decision. The condition affects between 5 to 20 percent of the entire body.

The Board denied the Veteran's request for an earlier effective date for the award of total disability rating based upon individual unemployability (TDIU), finding that no valid TDIU claim was raised prior to August 21, 2018. The Board concluded there was no factually ascertainable increase in disability within one year prior to the August 21, 2018, claim and thus the effective date of August 21, 2018, is appropriate.

The Veteran's claim for full payment of beneficiary travel expenses was only partially paid because a closer VA facility could have provided the services. The Board finds that the VHA committed a pre-decisional duty to assist error by failing to fully inform or provide details of the evidence relied on to reach its conclusion.

The Veteran's appeal for TDIU and a higher rating for lumbar degenerative changes has been dismissed due to the Veteran's death. The Board cannot issue a decision on these claims as they are pending.

The Board dismissed the appeal as there is no longer a case in controversy regarding the overpayment of VA compensation benefits.

The Board has remanded the service connection claims for poor circulation in both legs, including varicose veins. The Veteran asserts that her leg conditions are related to her service-connected left leg radiculopathy. However, the VA examiner's opinion is inadequate as it did not address whether the varicose veins were caused by any other service-connected condition.

The appeals for payment of non-VA medical services provided on February 20, 2020, and February 21, 2020, were dismissed as the claims have been resolved by administrative action.

The Board has granted the veteran's request for payment or reimbursement of non-VA medical expenses incurred during a hospital emergency stay due to sepsis, finding that VA facilities were not feasibly available and that the treatment was necessary in an emergent situation.