Other conditions Board decisions

The Veteran's initial increased disability rating for insomnia was granted, with a final effective date of the date the VA received his claim.

The Veteran's death was caused by his conditions (Ventricular Fibrillation, Cardiac Arrest, and Heart Failure), which the Board finds may have been exacerbated or worsened due to VA treatment. The Board is remanding the case for a new medical opinion to determine if VA negligence contributed to the Veteran's death.

The Veteran's appeal for additional payment or reimbursement of non-VA medical services provided on March 22, 2021 is dismissed because the process for billing and payment is governed by contractual agreements between VA and the provider, which does not allow for Board review.

The Board has remanded the Veteran's claims for service connection for bilateral upper and lower extremity lymphatic edemas due to pre-decisional duty to assist errors, including inadequate VA medical opinions and failure to provide an aggravation opinion.

The Veteran's TMD and MPD are related to service, but the VA examiners did not adequately address the Veteran's lay statements of onset during service. The Board finds remand necessary for an addendum opinion.

The Board has denied the Veteran's claims for service connection for anorexia and a disability manifested by insomnia, finding that there is no evidence of these conditions during or after his military service.

The Board has dismissed the Veteran's appeals for earlier effective dates of compensation awards based on dependency recognition, as no appeal was submitted using the proper form within a year of the original decisions.

The request to readjudicate the claim for service connection for the Veteran's cause of death is denied because no new and relevant evidence has been received since the April 2023 final decision.

The Board has vacated the denial of eligibility for enrollment in VA's PCAFC and remanded the case due to an erroneous determination regarding the Veteran's residence status. The appeal is now on its merits, and a more detailed medical opinion is required.

The Board has remanded the case due to a duty-to-assist error regarding the appellant's character of discharge from service in June 2010, which is related to his active service from February 2009 to June 2010. The AOJ will consider this issue and obtain additional records as well as an opinion on whether the appellant was insane at the time of misconduct leading to his discharge.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's request for a waiver of recovery of an overpayment of VA compensation benefits in the amount of $6,136.43 was denied due to it not being timely filed.

The Veteran seeks an earlier effective date for the grant of SMC-T benefits based on a need for aid and attendance. The Board finds that the AOJ committed Clear and Unmistakable Error (CUE) in its December 2019 rating decision, but lacks legal authority to adjudicate CUE motions. Therefore, the claim is remanded for the AOJ to address these issues.

The Veteran's claim for SMC based on the need of regular aid and attendance was denied as he is in receipt of the earliest possible effective date for his claim, which is June 3, 2018.

The Veteran's service-connected back disability is found to be the cause of his current psychiatric condition, adjustment disorder with depressed mood. Service connection for this condition is granted.

The Board has determined that there may be relevant SSA records not yet obtained and is requesting these records to determine if the appellant filed for SSA death benefits, which could affect the effective date of DIC benefits.

The Board has granted an earlier effective date of November 10, 2022 for a 40 percent rating for left lower extremity peripheral arterial disease. The Veteran's condition was objectively manifested by ankle/brachial index of 0.54-0.66 since that date.

The Board has granted service connection for cervical spine intervertebral disc disease, migraines, and lumbar strain with spondylolisthesis. Service connection is also granted for restless leg syndrome. The Veteran's gastroenteritis claim remains denied.

The Veteran's service-connected orthostatic hypotension with dizziness is granted an initial 30 percent disability rating, which is the maximum available under DC 6204.

The Veteran's dementia claim is remanded due to a duty-to-assist error. The AOJ must obtain medical opinions regarding the nature and etiology of the claimed condition, including whether it is related to in-service TERA participation or secondary to service-connected hypertension.