Other conditions Board decisions

The Board denied the Veteran's claim for service connection for benign prostate hyperplasia, finding that there is no evidence linking his current condition to his in-service exposure to herbicides. The Board concluded that BPH is not a disease associated with herbicide exposure and thus cannot be presumed as such.

The Board has decided to remand the case due to pre-decisional duty-to-assist errors, specifically regarding the appellant's character of discharge and insanity claims. The AOJ is required to obtain additional evidence related to the appellant's discharge upgrade request and provide a medical opinion on whether he was insane at the time of misconduct.

The appeal is dismissed as the claim for payment of non-VA emergency medical services provided on February 14, 2020, has been resolved administratively and approved.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred on December 7, 2019 was denied because the claim was filed more than 90 days after discharge from the private facility.

The Board has decided to remand the claims for service connection for Barrett's esophagus and gastric intestinal metaplasia, without dysplasia due to a duty to assist error. The examiner is asked to provide an opinion addressing whether these conditions are related to toxic exposure risk activities, including agent orange exposure.

The Board denied the Veteran's request to reinstate his son as a dependent on his VA disability compensation due to the son receiving DEA benefits under Chapter 35, which bars subsequent payments or additional amounts of VA disability.

The Veteran's lung cancer, which was diagnosed after service and presumed to be related to his in-service herbicide exposure, is granted as the cause of death under the PACT Act.

The appeal was dismissed because the AOJ administratively approved the Appellant's claim for payment of non-VA medical care provided to the Veteran on February 13, 2020.

The Board denied compensation under 38 U.S.C. § 1151 for retinal detachment of the left eye and right eye, finding that there was no evidence to support a claim of carelessness, negligence, lack of proper skill, or error in judgment by VA personnel.

The appeal for the Veteran's cause of death is dismissed as the appellant has died, and the Board does not have jurisdiction to adjudicate this claim.

The appeal was dismissed because the VA Office of Community Care administratively approved the Appellant's claim for payment of non-VA emergency medical services provided to the Veteran on January 16, 2020.

The Board denied the veteran's claims of service connection for mental health disorders and neurobehavioral problems, finding that there was no evidence linking these conditions to his military service or any exposure to contaminated water at Camp Lejeune. The veteran's current diagnoses were not shown to be related to events in service.

The Board found the Veteran's waiver request timely filed. The appeal is remanded to adjudicate the validity of the overpayment debt and consider whether it was validly created.

The appeal has been dismissed as the claim for payment of non-VA emergency medical services provided on November 15, 2019, was administratively approved by VA.

The Veteran's claim for a waiver of the recoupment of an overpayment debt in the amount of $50,880 is granted due to the Board finding that it would be against principles of equity and good conscience to recoup this debt.

The Board denied the appeal as to reinstatement of DIC benefits prior to July 18, 2019, finding that an earlier effective date was not warranted due to the documentation being received more than a year after the Appellant's release from incarceration.

The Board has dismissed the appeal as there is no longer a case or controversy for decision due to VHA overturning its initial denial and approving the non-VA medical care provided by ASC on December 17, 2020.

The appeal for payment or reimbursement of non-VA medical services provided on August 8, 2020 is dismissed as the episode of care was improperly filed to VA.

The Veteran's appeal is dismissed due to their death during the pendency of the appeal.

The Board has restored the previously assigned disability ratings for trochanteric pain syndrome and iliopsoas tendinitis of the right hip with limitation of flexion and thigh impairment from 20 percent to 20 percent, as the reductions were not based on improvement in the Veteran's ability to function under ordinary conditions.