Other conditions Board decisions

The Board has remanded the case for a determination on whether to grant TDIU based on the Veteran's service-connected disabilities, as the claim is not yet fully decided due to potential extraschedular considerations.

The Board denied the request for waiver of overpayment of DEA benefits, finding that recovery would not be against equity and good conscience due to the appellant's ability to repay without undue hardship.

The Board denied compensation under 38 U.S.C. § 1151 for right eye cataracts resulting from VA treatment and also denied service connection for the condition, finding no additional disability due to negligence or similar fault on VA's part.

The Veteran's request for an earlier effective date prior to February 13, 2019, for the addition of his son J. as a school child on his VA disability compensation is denied due to lack of evidence showing intent to add the son based on school attendance before that date.

The Board has granted the veteran's surviving spouse eligibility for survivors' pension benefits with special monthly pension based on the need for regular aid and attendance, as her income does not exceed the maximum annual pension rate.

The Veteran withdrew his appeal for service connection of bilateral lower extremity pain and numbness before the Board could make a decision.

Your appeal has been dismissed because the VA approved payment for your medical services provided on November 29, 2019.

The Board dismissed the appeal because the issue of whether the proper contractual rate was paid for home health services provided by MGHAL from January 3, 2020 through January 23, 2020 is subject to a specific administrative dispute resolution process that does not allow for appellate review.

The Board has decided to remand the Veteran's claims for service connection for left and right arm conditions due to a pre-decisional error in not obtaining an adequate addendum opinion prior to the May 2021 rating decision on appeal. The Veteran's lay statements regarding overcompensating due to his service-connected shoulder conditions were not considered, nor was there any other medical opinion addressing whether the Veteran's arm conditions increased in severity beyond their natural progression by the service-connected shoulder conditions.

The Board dismissed the appeal because it does not have authority to review disputes related to contractual payment rates under Veterans Care Agreements (VCAs). The appellant's claim for additional payment was dismissed as a result.

The Board has granted the Veteran's request to reopen his claim for service connection for malaria, but denied the claim itself due to a lack of current diagnosis.

The Veteran's spouse has submitted a request for apportionment of his VA compensation benefits, but the RO denied her claim due to conflicting information regarding their divorce. The Board is remanded to attempt to obtain all available records of marriages and divorce decrees for the appellant and the Veteran.

The Board has granted service connection for the Veteran's other specified trauma and stressor related disorder, finding that it is related to his active duty service.

The Board dismissed the appeal regarding whether the contractual payment rates for medical services provided by the appellant in January and February 2020 are proper, as these disputes fall under a specific administrative dispute resolution process that does not allow for appellate review.

The Board has dismissed the appeals regarding service connection for right hip strain, flexion, extension, and impairment due to the death of the Veteran.

The Board dismissed the appeal for the propriety of the contractual payment rate for home health services provided by MGHAL to the Veteran from January and February 2020 due to a procedural issue with creating duplicate appeals.

The Veteran's appeal for service connection for residual pain post right sesamoidectomy has been dismissed due to the death of the Veteran.

The Veteran's cause of death, likely sepsis with underlying causes of decubitus ulcers and end stage dementia, was not caused or contributed to by any service-connected disability. The Board found no evidence linking the Veteran's disabilities to his active service.

The Veteran's bowel perforation following a colonoscopy was not deemed to be caused by VA carelessness, negligence, or error in judgment. The Board found that the event did not result from an unforeseeable event.

The Board has remanded the case due to insufficient medical opinion regarding Graves' disease and herbicide exposure. The Veteran's claim for service connection is reopened based on new evidence, but a full examination is needed to determine if there is a link between Graves' disease and service.