Other conditions Board decisions

The Board has dismissed the appeal regarding a contractual payment rate for medical services provided under a Veterans Care Agreement (VCA) because the dispute resolution process established by law does not include review by the Board.

The Board denied the Veteran's claim for service connection for IgA deficiency and elevated IgG levels as there is no current disability, despite his contention that these conditions are related to his active duty service.

The Veteran's eligibility for benefits under the PCAFC program is remanded due to a lack of explanation in the original decision. The Board requests a more detailed medical opinion regarding personal care services needs.

The Veteran's claim for service connection for cerebrovascular disease, including as due to herbicide agent exposure or as secondary to his service-connected diabetes mellitus, type II, is remanded. The Board notes the duty-to-assist error in not considering VA treatment records and requires a new opinion on whether the Veteran's stroke residuals are related to herbicide agents or any other toxic exposure risk activity (TERA).

The Board has dismissed the appeal because the issue of contractual payment rate for home health services provided in April 2020 is subject to a specific administrative dispute resolution process that does not allow for appellate review by the Board.

The Board dismissed the appeal because it is not within its authority to review disputes over contractual payment rates for services provided under Veterans Care Agreements (VCAs).

The Board has granted the Veteran's claim for payment of $125.00 for medical expenses associated with COVID-19 testing by Aegis Sciences Corporation on January 12, 2021, as it found that a prudent layperson would have reasonably expected delay in seeking emergency treatment to be hazardous to life or health during the pandemic.

The Board denied the appeals for payment of non-VA medical expenses incurred on January 15, 2021 and February 5, 2021 due to a lack of VA authorization.

The Veteran requested to withdraw his appeal regarding the waiver of overpayment of VA nonservice-connected pension benefits. The Board dismissed the appeal as a result.

The Board has dismissed the appeal regarding a contractual payment rate for medical services provided under a Veterans Care Agreement, as the dispute resolution process established by law does not allow for further review by the Board.

The appeal concerning the award of education benefits for enrollment at Texas A&M University from January 19, 2021, to May 7, 2021, under Chapter 33, Title 38, United States Code is dismissed as the Veteran was already granted these benefits in July 2021.

The Board has determined that the removal of A.M. from her mother's disability compensation award, effective February [REDACTED], 2020 (A.M.'s 18th birthday), based on A.M.'s receipt of Dependents' Education Assistance (DEA) benefits under 38 U.S.C. Chapter 35, was proper and the appeal is denied.

The Board has remanded the case due to incomplete service and VA records, as well as a need for further verification of the Veteran's National Guard service. The claim will be reconsidered with these additional records.

The Board has determined that there was a duty-to-assist error prior to the decision on appeal and requires an adequate medical decision regarding eligibility for PCAFC benefits. The case is being remanded for this purpose.

The Board has granted the claims for payment of non-VA medical care provided by Aegis Sciences Corporation on November 19, 2020, October 29, 2020, November 25, 2020, and November 12, 2020.

The Veteran requested to withdraw his appeal for an increased rating in excess of 60 percent for chronic pancreatitis with pseudo cyst. The Board has dismissed the appeal as withdrawn.

The Board found that the appellant's character of discharge from service constitutes a bar to VA benefits due to willful and persistent misconduct, resulting in an 'Other Than Honorable' discharge. The appeal is denied.

The Veteran's appeal for a waiver of recovery of an overpayment in the amount of $93,496.00 of service-connected pension benefits has been dismissed due to his death during the pendency of the appeal.

The Veteran's appeal of the denial of an apportionment of his VA disability compensation benefits withheld during his incarceration is dismissed because he does not have standing to appeal and the application was filed by his son, who did not submit a valid notice of disagreement within the required timeframe.

The Board has granted the Veteran's claim for payment of $125.00 for medical expenses associated with COVID-19 testing by Aegis Sciences Corporation on January 28, 2021, as it found that a prudent layperson would have reasonably expected delay in seeking emergency treatment to be hazardous to life or health during the pandemic.