Other conditions Board decisions

The Veteran's claim for service connection for restless leg syndrome is remanded due to a duty to assist error. A VA examination is needed to determine the etiology of the condition.

The Veteran's claim for a higher rating for ulcerative colitis with hypertrophic gastritis and ulcerative chronic rectosigmoiditis was denied, as the symptoms did not meet the criteria for a rating greater than 30 percent.,The Veteran also seeks an earlier effective date for TDIU and DEA benefits. The Board has determined that these claims are remanded due to the need to consider whether referral to the Director of Compensation Service is necessary.

The Veteran's claim for a compensable rating for her service-connected right knee extension disability was denied as her extension did not meet the criteria for a compensable rating under Diagnostic Code 5261.

The Board has dismissed the appeal for entitlement to a higher payment rate for medical services provided by the appellant from April 29, 2020, to April 30, 2020, as it is governed by statutory and contractual authority that does not allow for review by the Board.

The Veteran's onychomycosis, a fungal infection affecting his toenails, is rated as noncompensable (zero percent) due to the condition affecting less than 5% of his total body area and requiring only topical therapy.

The Board has granted the Veteran's motion for revision of the January 2005 rating decision, finding that there was clear and unmistakable error in denying service connection for insomnia. The effective date is set as November 14, 2004, which is the last day of the Veteran's active duty.

The Board has dismissed the appeal for entitlement to a higher payment rate for home health services provided by the appellant from January 3, 2020, to January 31, 2020, as the dispute resolution process under Veterans Care Agreements does not allow for Board review.

The Board dismissed the appeal because it does not have authority to review VCA disputes, including disagreements concerning the proper contractual payment amount. The appellant's claim for additional payment under a VCA is therefore dismissed.

The Veteran requested an audit for the period of April 1, 2016 to August 1, 2017 because he claims that he did not receive his full amount of retroactive VA compensation benefits for this period. The Board has identified a pre-decisional duty to assist error and remanded the case for an audit.

The Board dismissed the appeal for payment of non-VA home health services provided to the Veteran in December 2019, as it falls under a Veterans Care Agreement (VCA) dispute process that does not allow for further review by the Board.

The Board denied an initial disability rating in excess of 10 percent for the Veteran's right foot calcaneal spur, finding that his symptoms did not warrant a higher rating due to moderate pain and functional impairment.

The appeal is dismissed as the AOJ administratively approved payment for the non-VA home health services provided to the Veteran on September 16, 2020.

The Veteran's appeal regarding the appointment of a fiduciary to manage her VA benefits is remanded due to a pre-decisional duty to assist error. The competency issue, which precedes the need for a fiduciary, was pending when the fiduciary was appointed.

The appeals for earlier effective dates for Dependents' Educational Assistance and service connection of premature ventricular contractions (PVCs) with cardiomyopathy, status-post ablation and AICD implantation are dismissed due to the Veteran's passing.

The Board has granted an earlier effective date of December 4, 2014 for the grant of a 50 percent evaluation for loss (of more than half) of maxilla, residuals of head injury. The discontinuance of service connection for loss of maxilla, residuals of head injury (less than half) is also effective from December 4, 2014.

The Board has granted service connection for esophageal cancer and squamous cell carcinoma, finding that the evidence is at least evenly balanced as to whether these conditions are related to in-service exposure to herbicide agents. The decision does not specify a rating or effective date.

The Board has dismissed the appeal regarding the contractual payment rate for home health services provided by the appellant in March 2020, as this matter is subject to a specific administrative dispute resolution process under Veterans Care Agreements (VCAs) that does not allow for appellate review.

The Veteran's PCAFC application was denied due to a lack of evidence showing the need for supervision, protection, or instruction. The Board is remanding the case to provide proper notice and evaluate eligibility under the correct statutory criteria.

The appeal regarding an effective date prior to February 16, 2021 for the award of specific knee evaluations has been dismissed due to the Veteran's death.

The Board has dismissed the appeal as there is no administrative review process for disputes over contractual payment rates under Veterans Care Agreements (VCAs). The appellant, Mennonite General Hospital, was paid at a lower rate due to an incorrect NPI number and later received the correct payment.