Other conditions Board decisions

The Board has decided to remand the case due to incomplete service records, particularly those from the North Carolina Army National Guard. The Veteran's atrial fibrillation is being reviewed again with more complete information.

The Veteran's bilateral lower leg recurrent DVT is rated as noncompensable, but the Board has granted an initial increased rating of 40 percent for both legs.

The appeal for eligibility for the direct payment of fees based on past-due benefits awarded to the Veteran in May 2021 is dismissed because no official fee decision has been issued by the AOJ.

The Board has determined that pension benefits were not properly terminated from April 1, 2016 to October 31, 2016 and have been reinstated. However, the termination of pension benefits on November 1, 2016 was proper.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's skin conditions are directly related to service, including exposure to Agent Orange. The AOJ is instructed to obtain a medical opinion addressing this issue.

The Board has granted service connection for post operative cholelithiasis (gallstones) with chronic cholecystitis and post operative umbilical hernia, both presumed to have originated during active service. Service connection for cholecystectomy scar residuals is also granted.

The Board has decided that the Veteran's hepatic steatosis (fatty liver) is related to military service, specifically due to toxic exposures from contaminated water at Camp Lejeune. However, the VA opinion provided was inadequate and a remand is required for further evaluation.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's herbicide exposure and his cause of death. The appellant contends that the Veteran's cause of death was caused by herbicide exposure while stationed in Guam.

The Veteran withdrew all issues on appeal before the decision was finalized, resulting in the dismissal of the case.

The Veteran withdrew his appeal regarding the revocation of eligibility for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC). The Board dismissed the appeal as a result.

The Board denied the Veteran's claim for service connection for multiple myeloma, finding no evidence of in-service exposure to herbicide agents and insufficient evidence linking his current condition to service. The claim was also not granted under presumptive service connection based on Agent Orange exposure.

The appeal for payment of non-VA medical services provided on December 6, 2019 is dismissed because the claim was filed by a billing company that did not furnish the underlying medical services.

The Board has dismissed the appeal regarding the contractual payment rate for home health services provided by MGHAL to the Veteran from January 1, 2020, to January 31, 2020. The dispute is resolved under a Veterans Care Agreement (VCA) and does not allow for further administrative or judicial review.

The Veteran's appeal is remanded to determine the accurate amount of separation pay received upon his honorable discharge from active duty.

The Veteran's overpayment claims are being remanded due to incomplete documentation and the need for further investigation by the DoD.

The Veteran's death was not due to or caused by a service-connected disorder. The appellant has been awarded nonservice-connected burial benefits and a plot allowance, so the appeal is dismissed as there remains no question of law or fact on appeal.

The Board has determined that the AOJ committed pre-decisional errors in failing to request financial information from both parties and in making inconsistent findings regarding their income and child support payments. The case is being remanded for further development.

The Veteran is requesting that the AOJ adjudicate whether revision of a March 2006 rating decision which awarded a 100 percent disability rating for carcinoma of the liver and carcinoma of the lung, resulting in the continuation of SMC (L) for aid and attendance, is warranted due to clear and unmistakable error. The Board finds this constitutes pre-decisional error and remands the matter.

The appeal for payment of non-VA medical services provided on September 28, 2020 is dismissed because the claim was filed by a billing company that did not furnish the underlying medical services.

The Board has determined that there was a pre-decisional duty to assist error in the May 2023 decision regarding eligibility for PCAFC benefits. The case is being remanded for an adequate medical decision.