Other conditions Board decisions

The Board has resolved the claims for payment of non-VA medical services provided on December 6, 2019, and December 7, 2019, in favor of the Veteran. The appeals are dismissed as the administrative action approving the claims constitutes a full grant of benefits.

The Board found that the Veteran was in receipt of military drill pay for 82 days during Fiscal Year 2020, which led to a reduction in her VA disability compensation benefits. The appeal is denied as the withholding of VA disability compensation due to concurrent receipt of VA compensation and military drill pay was proper.

The Board dismissed the appeal as the attorney withdrew his Notice of Disagreement, and there are no remaining issues for appellate review.

The Veteran's appeal regarding the removal of his dependents from his award, effective May 1, 2021, was dismissed as a matter of law because the AOJ reversed the decision to remove them.

The Veteran's claim for payment or reimbursement of ambulance transport costs on October 1, 2023 is being remanded due to a duty-to-assist error and the need to clarify whether the transport was to a VA-authorized facility. The AOJ must obtain all relevant medical records and determine if the Veteran meets the criteria under 38 U.S.C. § 111 or 38 U.S.C. § 1725 for reimbursement.

The Veteran's appeal for earlier effective dates for a 20% rating for bilateral knee disabilities is dismissed due to procedural issues.

The Board has reinstated the prior ratings of 30 percent for limitation of extension in both left and right knees, finding that the reduction was improper due to inadequate VA examinations.

Your claim for payment or reimbursement of ambulance transportation services provided on February 25, 2020 has been paid. The appeal is dismissed.

The Board has decided that the appointment of an attorney as the Veteran's fiduciary to manage his VA benefits was improper and has ordered a remand for further development.

The Veteran's claim for payment or reimbursement of non-VA emergency medical services provided on March 14, 2020 is being remanded due to the lack of associated non-VA treatment records. The Board will attempt to obtain these records and then readjudicate the claim under either 38 U.S.C. § 1725 or 38 U.S.C. § 1728.

The appeal for payment or reimbursement of non-VA medical services provided on December 21, 2019 is dismissed as the appellant is in receipt of the benefit sought.

The Veteran's cause of death, liver cancer, is related to his in-service exposure to contaminated drinking water at Camp Lejeune. The Board finds service connection for the cause of death is warranted after resolving doubt in favor of the Appellant.

The Board has not considered the September 2020 denial decision and missing relevant documents. The case is remanded for the AOJ to associate all evidence with the electronic claims file, including the original claim, medical records, and any other relevant documents.

The Board dismissed the claim for payment or reimbursement of non-VA medical services provided to the Veteran on February 20, 2020, as it does not have jurisdiction over such decisions.

The Veteran's appeal for reinstatement of special monthly compensation (SMC) at the aid and attendance rate was dismissed due to their death during the pendency of the appeal.

The Board has granted an earlier effective date of April 1, 2002 for the award of Dependency and Indemnity Compensation (DIC) based on service connection for the cause of the Veteran's death. The decision is based on the fact that within one year of the Veteran's death, the record contained sufficient evidence to establish entitlement to DIC.

The appeal is dismissed as the AOJ administratively approved payment for non-VA medical care provided to the Veteran from October 6, 2019, to October 31, 2019.

The Veteran's claim for service connection for benign prostatic hyperplasia is remanded due to a duty-to-assist error and the need for a toxic exposure risk activities (TERA) medical opinion under the PACT Act.

The Veteran's appeal for an increased rating for his right clavicle fracture with arthritis and rotator cuff tear was dismissed because the VA Form 10182 Notice of Disagreement (NOD) was not filed within one year of the January 2019 notification letter, which preceded the implementation of the Appeals Modernization Act.

The Board has remanded the claim of service connection for colitis due to a lack of medical opinion linking the condition to service.