Other conditions Board decisions

The Board has determined that the Veteran's claim of entitlement to compensation under 38 U.S.C. § 1151 for removal of rectum and donut, hernia, and 13 inches of colon removed with pain and suffering should be remanded due to a pre-decisional duty to assist error in not obtaining the full consent document prior to adjudication.

The Board has dismissed the Veteran's appeal for service connection for a left foot disability, to include fracture and severe tissue damage. The claim of service connection for left eye hemorrhage, to include as secondary to CML, is denied.

The Board has decided to remand the case due to missing original decision and initial claim documents. The appellant seeks payment for medical expenses incurred at Aegis Sciences Corporation on February 17, 2020.

The Veteran's claim for service connection for coronary artery disease (CAD) was denied in May 2018. The effective date of the grant of service connection for CAD is January 7, 2021.

The Board denied the appellant's claim for an effective date prior to August 30, 2011, for the grant of service connection for the cause of the Veteran's death. The decision is based on the finality of a previous denial and the lack of evidence showing that the original claim was pending.

The Veteran's claim for service connection of Raynaud's syndrome was received on November 26, 2018. The effective date is set at August 27, 2018 as this is the earliest date that entitlement to service connection arose.

The Veteran is seeking a retroactive adjustment in VA disability benefits from 1983 to April 2003 based on the motion for revision of the February 1983 rating decision due to clear and unmistakable error (CUE). The Board has determined that this motion was not adjudicated by the RO, and thus the case is being remanded.

The Board has granted the appellant's request to be recognized as a substitute party for her deceased father's pending claim for an earlier effective date for pension benefits. The appeal is now considered 'pending' and VA should proceed with adjudicating this claim.

The Veteran's appeals for various ratings related to her service-connected conditions have been dismissed due to her withdrawal of all issues on appeal.

The Board has found that the February 2019 fee agreement is valid, but the eligibility for agent fees based on past-due benefits awarded in the March 2020 rating decision remains to be adjudicated.

The Board has determined that new and relevant evidence has been received, allowing the claim for special monthly compensation based on loss of use of the foot to be readjudicated. The case is remanded as an additional VA treatment note indicates the Veteran was prescribed an ankle foot orthotic (AFO) which addresses the reason for the previous denial.

The Board has granted the Appellant's motion for reconsideration and found that she is eligible for survivors' pension benefits due to her deceased spouse meeting the service requirements, having no countable income, and not exceeding the maximum annual pension rate.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the issue of whether the appellant's discharge under other than honorable conditions is a bar to the award of VA compensation benefits. However, the appeal is REMANDED for further actions including verifying the in-service stressor and obtaining a medical opinion regarding the appellant's behavior at the time of the offenses resulting in his discharge.

The Veteran's previous spouse, J.H., was removed as a dependent spouse effective July 2014 due to divorce.,The Veteran's child, C.H., was added as a dependent child effective March 9, 2018.

The Veteran's claim for reimbursement of unpaid cost of non-VA emergency medical care provided from December 27, 2018 to December 29, 2018 was denied as the services were not eligible for reimbursement under VA regulations.

The Board has decided to remand the case due to a predecisional duty to assist error, specifically not providing the Veteran with a VA examination regarding the etiology of his CVA prior to the December 2020 rating decision on appeal. The JMR indicates that there was evidence suggesting an association between Agent Orange exposure and CVA.

The Board dismissed the appeal because the appellant withdrew it through her authorized representative.

The Board has determined that a general apportionment of the Veteran's VA compensation benefits to D.D.S. for her own benefit is proper, but not for their minor children C.J.S., D.A.S. and C.B.S.

The Veteran served in Vietnam and the claimant was born with a form or manifestation of spina bifida. The Board finds that the evidence supports the finding that the claimant's disabilities manifest as a form of spina bifida, warranting benefits under 38 U.S.C. § 1805 for a child of a Vietnam Veteran born with spina bifida.

The Board has determined that the April 2016 VA examination, which was used to deny service connection for blurred vision, is inadequate and inaccurate. The Veteran's claims for a bilateral leg disability must be remanded due to pre-decisional duty to assist errors.