Other conditions Board decisions

The Board has dismissed the appeal as there is no longer a case or controversy for decision since VHA overturned its initial denial and approved the non-VA medical care provided by ASC on September 17, 2020.

The Veteran's surviving spouse is challenging the validity of an overpayment debt in the amount of $5,856.40 due to her not being entitled to benefits for the month he died. The Board finds that a remand is necessary for the RO to adjudicate this issue and provide an audit of how the debt was calculated.

The Board has determined that further development is needed to determine the cause of death and whether it is service-connected, including considering the Veteran's use of blood thinners for venous insufficiency.

The Board denied the appellant's claim for accrued survivor's pension benefits, stating that there is no evidence showing she bore any expenses for her mother's last sickness and burial.

The appeal was dismissed due to the appellant's death during the pendency of the appeal.

The Veteran's spouse was added as a dependent to his VA disability compensation award, but the appeal is dismissed because the issue has been rendered moot.

The Veteran withdrew his appeal for a total disability rating based on individual unemployability (TDIU). The Board dismissed the appeal as it was withdrawn.

The Board has decided to remand the claims for entitlement to payment or reimbursement for non-VA ambulance services due to lack of authorization, and to clarify the applicable laws and regulations.

The Board has decided to remand the case due to incomplete records and the need for further development, including obtaining VA treatment records from November 2023 onwards and SSA disability records.

The Board has denied service connection for lung nodules, finding that the evidence does not support a link between the condition and active military service. The Veteran's current lung nodules are considered to be due to his history of smoking rather than any in-service exposure.

The Veteran's skin disorder, including cellulitis and recurrent staphylococcus aureus, is granted as service-connected. The hearing loss rating remains remanded for further development.

The Veteran's appeal is remanded due to an inaccurate medical history in a previous opinion. The Board requires another VA clinician to provide an updated opinion on whether the Veteran has additional disabilities, including osteomyelitis, stage II right ischial, sacral ulcer/wound, and MRSA skin infection, caused by the January 2010 VA surgery for the right-sided open nonhealing ischial ulcer.

The Board has granted service connection for tardive dyskinesia and broken teeth as secondary to the Veteran's service-connected PTSD. The decision is based on medical evidence that links these conditions to the use of psychotropic medications prescribed for his PTSD.

The Veteran's surviving spouse is granted special monthly DIC benefits based on the need for regular aid and attendance, as she requires assistance due to her cognitive impairments and physical disabilities.

The Veteran's child, S., was removed from his award of VA disability compensation on August 29, 2005 due to the child's election to receive Dependents' Educational Assistance (DEA) benefits. The Veteran is not entitled to additional dependency benefits based on school attendance for this period.,The Veteran's child, A., was removed from his award of VA disability compensation on May 20, 2008 due to the child's election to receive DEA benefits. The Veteran is also not entitled to additional dependency benefits based on school attendance for this period.

The Veteran's appeal for increased disability ratings for non-small cell carcinoma of the right upper lung, status post right thoracotomy, with lobectomy, sleeve resection of right main stem bronchus, lymph node resection, and intercostal muscle flap has been dismissed due to the Veteran's withdrawal.

The Board has remanded the case due to concerns about the Veteran's leg measurements and functional impairment, requiring a new medical examination and opinion.

The Board has decided that the Veteran's claim of entitlement to an increased rating for his service-connected skin condition must be remanded due to inadequate examination reports. The Veteran needs a new VA examination to determine the nature and severity of his skin disability, including whether topical therapy is systemic in scale, the percentage of body affected during flare-ups, and functional impairment.

The Veteran's claim for higher ratings for her deviated septum is denied. The evidence does not support a compensable rating prior to September 14, 2022 or a rating in excess of 10 percent from that date forward.

The Board has found that there is not substantial compliance with the February 2023 remand directives and has decided to remand the case for additional development, including obtaining updated VA and private treatment records and affording the Veteran an additional VA examination.