Other conditions Board decisions

The Board dismissed the appeal regarding the contractual payment rate for home health services provided by Mennonite General Hospital to a Veteran from January 2, 2020, through January 23, 2020. The dispute is governed by statutory and contractual authority that does not allow for Board review.

The Board dismissed the appeal as it does not have jurisdiction to review the claims for payment of non-VA medical services provided by appellant on February 10, 2020.

The Veteran's request for a waiver of an overpayment was not timely filed, and therefore the appeal is denied.

The Veteran's claim for a remand due to an error in the amount of withholding from VA disability compensation benefits for FY 2020 drill pay is being reviewed. The AOJ needs to confirm the number of drill days and verify the correct amount of VA compensation withheld.

The appeal for payment or reimbursement of non-VA medical services provided on April 2, 2020 is dismissed as the appellant is now in receipt of the benefit sought.

The Board has dismissed the appeal as there is no administrative review process for disputes related to contractual payment rates under Veterans Care Agreements (VCAs).

The Veteran's claims for a separate rating for intervertebral disc syndrome (IVDS) and special monthly compensation based on aid and attendance are being remanded due to the failure to consider previous diagnoses and the need for additional examinations.

The Veteran's TMJ disability is rated at 40 percent, and the Board finds that a higher rating of in excess of 40 percent is not warranted due to lack of evidence showing dietary restrictions to all mechanically altered foods.

The Board dismissed the Veteran's appeal for service connection for malignant tumor in throat/stage 4 throat cancer as there was a full award of benefits granted by the AOJ.

The appeal is dismissed because the Veteran received care through a non-VA healthcare provider within the Veterans Community Care Program, and the payment process for these services does not allow for review by the Board.

The Board has decided that the Veteran's claim for service connection for varicose veins is denied. The case is being remanded to obtain a VA examination and determine if the Veteran's condition began during his active service or is otherwise related to his military service.

The Veteran's symptoms of painful right hip flexion, extension and leg length discrepancy have been present since October 30, 2009. Effective dates for service connection are granted.

The Veteran's lung condition is related to his service, specifically his exposure to airborne bacteria during Project 112/SHAD. However, the current VA opinions are insufficient and a more detailed examination is needed.

The Board has granted service connection for the Veteran's colon cancer, finding that exposure to jet fuel during his military service is at least as likely as not related to his condition.

The Board has decided to remand the Veteran's claims for increased ratings for bilateral leg disabilities due to a pre-decisional duty to assist error, specifically regarding an inadequate VA examination. The Veteran is required to undergo a new VA examination to determine the current severity of his service-connected bilateral leg disabilities.

Your claim for service connection for the cause of the Veteran's death has been granted, and thus there is no remaining case or controversy to appeal.

The Veteran's left and right heel strains have been granted increased disability ratings of 10 percent each, effective from the date of this decision.

The VA has denied the appeal of withholding retroactive payment of DIC benefits due to receipt of DoD Survivor Benefits Plan (SBP) benefits. The appellant was awarded both SBP and DIC benefits for a period beginning June 1, 2004, but is not entitled to concurrent payments from both programs.

The Veteran's dental condition, which included a tooth knocked out during service in 1991, is not considered a disability for VA compensation purposes due to the lack of loss of substance of the body of the maxilla or mandible. Therefore, service connection for this condition is denied.

The Board has dismissed the appeals regarding the proper contractual payment rates for health services provided by Mennonite General Hospital Inc. Ama De Llaves Menonita to a Veteran from January 2, 2020, to January 30, 2020, and February 6, 2020, to February 28, 2020, as the dispute resolution process for VCA payments does not contemplate Board review.