Other conditions Board decisions

The Board has determined that additional development is necessary to correct pre-decisional duty to assist errors and will remand the case for further action.

The Board has remanded the case due to incomplete opinions regarding the relationship between the Veteran's right hip arthritis and his service-connected right ankle, knee, and left knee disabilities. The examiner is requested to provide a more comprehensive opinion addressing these relationships.

The Board denied the appellant's claims for an earlier effective date for death pension benefits and DIC benefits, finding that there was no evidence to support these claims. The Veteran died of end stage cardiomyopathy, which is not service-connected.

The Board denied the Veteran's request for an earlier effective date for service connection of multiple myeloma, finding no clear and unmistakable error in either the May 2017 or May 2018 rating decisions.

The Board has dismissed the appeal regarding a contractual payment rate for medical services provided to a veteran under a Veterans Care Agreement (VCA) due to the dispute resolution process established by law not allowing for further review.

The Board has granted service connection for the Veteran's spondylosis with facet arthropathy disability, finding that it is due to his service.

The Board has granted service connection for Cerebrovascular Accident (CVA) with left hemiparesis as secondary to the Veteran's service-connected diabetes mellitus type II, finding that there is a link between these conditions based on the private opinion of Dr. P.

The Board has restored service connection for chronic conjunctivitis, finding that the original grant of service connection was not clearly and unmistakably erroneous.

The appeal seeking payment or reimbursement for the cost of medical services performed on August 25, 2020 by Aegis Sciences Corporation is dismissed as the benefit has been approved.

The Board dismissed the appeal regarding the timely filing of a claim for non-VA medical services provided on September 3, 2020.

The Veteran's surviving spouse claim is denied because the appellant did not meet the requirements for recognition as a surviving spouse under VA regulations, specifically due to the lack of a valid marriage and continuous cohabitation prior to one year from the Veteran's death.

The Board dismissed the appeal as the VHA has already authorized and paid for the non-VA dental services provided on February 25, 2020.

The Veteran's claim for an initial disability rating in excess of 30 percent for his service-connected other specified trauma and stressor related disorder is being remanded due to insufficient examination findings.

The Board has dismissed the appeals as the benefits sought have been granted and no case or controversy remains.

The appeal seeking entitlement to accrued benefits is dismissed because the appellant made concurrent elections for different review options, which is not allowed. The Board cannot find that the VA Form 10182 was received first and thus the appeal must be dismissed.

The Board denied the appellant's request for an earlier effective date for DIC benefits, finding that September 13, 2011 is the correct effective date as it was the date entitlement arose. The cause of death was not attributed to service until then.

The appeal for payment or reimbursement of non-VA medical services provided on February 3, 2020 is dismissed as the episode of care was improperly filed to VA.

The Board has determined that the Veteran's VA Form 9 was timely filed, as it was received within one year of the June 29, 2015 rating decision and more than 60 days after the January 25, 2017 Statement of the Case.

The appeal regarding recognition as the Veteran's surviving spouse for VA benefits has been dismissed due to the appellant withdrawing her appeal.

The Board has granted an effective date of March 14, 2017 for the award of service connection for the cause of the Veteran's death due to exposure to contaminated drinking water at Camp Lejeune. The claim was received within one year of this liberalizing law.