Other conditions Board decisions

The Veteran's claims for initial compensable disability ratings for essential tremor of the bilateral upper and lower extremities are being remanded due to a duty-to-assist error.

The Veteran withdrew his appeal for the issues of back, right hip, and left hip disabilities before a decision was made.

The Veteran's claim for compensation for dental trauma is being remanded due to the need for additional records and a proper opinion regarding his service connection under 38 U.S.C. 1151.

The Board dismissed the appeal of the issue of entitlement to specially adapted housing (SAH) as a matter of law because there was no valid appeal submitted within one year prior to August 8, 2021.

The Board has granted the replacement of a government-furnished grave marker for the Veteran, as additional information indicates he was part of the 56th Armored Infantry Battalion rather than the 56th Field Artillery at the time of his death.

The Board has remanded the Veteran's claim for prostate disability due to service, including as related to toxic exposure risk activity (TERA), rabies vaccines, and antihistamine treatment with subsequent sinus procedure. The case will be reviewed by a VA examiner to provide an addendum opinion addressing these issues.

The Board dismissed the appeal regarding the contractual payment rate for home health services provided by Mennonite General Hospital to a veteran from March 9, 2020, through March 27, 2020. The dispute is governed by statutory and contractual authority that does not allow for Board review.

The appeal for payment or reimbursement of non-VA medical services provided on December 21, 2019 is dismissed because the entity filing the Notice of Disagreement (US Acute Care Solutions) did not provide the underlying medical services.

The Board has granted an earlier effective date of May 18, 2019 for the award of a 100 percent disability rating for the Veteran's service-connected other specified trauma and stressor related disorder with opioid use disorder.,Additionally, the Board has also granted an earlier effective date of May 18, 2019 for the Veteran's basic eligibility to Dependents' Educational Assistance (DEA) benefits pursuant to 38 U.S.C. Chapter 35.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred on March 9, 2020 was denied because the claim was filed more than 90 days after discharge from the private facility. The appellant did not meet the eligibility requirements under VA regulations.

The Veteran's claim for reimbursement of non-VA medical services was remanded due to incomplete development and lack of proper notice under the modernized appeal system.

The appeal is dismissed because the Veteran received care through the Veterans Community Care Program by an authorized in-network provider, and the billing process for these services is governed by statutory and contractual authority that does not allow for review by the Board.

The Board has granted the Veteran's claim for service connection for a thoracic spine disability, finding that her current condition is at least as likely as not related to an in-service injury.

The Veteran's eligibility for PCAFC is being remanded due to the need for a medical opinion regarding his need for personal care services.

The Veteran's initial compensable ratings for left foot and right foot hallux valgus are being remanded due to the failure to provide a VA examination since his last one in January 2016, which could have provided updated evidence of severity.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred on March 9, 2020 was denied because the claim was filed more than 90 days after discharge from the private facility. The appellant did not meet the eligibility requirements under VA regulations.

The Board has decided to remand the case due to a lack of an etiological opinion in the VA examination, and thus the claim for service connection for foot drop is being returned to the AOJ for further action.

The Board denied the Veteran's request for payment of tuition and fees under Chapter 33 (Post-9/11 GI Bill) in excess of $23,671.94 for the period from August 1, 2018, to July 31, 2019, finding that the law does not permit the relief requested due to a combination of factors leading the Veteran to erroneously believe his academic year had been altered.

The Board has decided to remand the case due to incomplete development and lack of compliance with regulations for payment or reimbursement of unauthorized ambulance transport provided by a non-VA company.

The Veteran had pending appeals before the Board at the time of his death, and the AOJ failed to address the appellant's statement which implicated consideration of 38 C.F.R. § 3.250(b). The claim is remanded for further development.