Other conditions Board decisions

The Board has remanded the issue of eligibility to the direct payment of attorney fees based on past-due benefits awarded in December 2020 rating decision due to a duty to notify error.

The appeal concerning payment for non-VA emergency medical services provided to the Veteran in March 2019 is dismissed as the appellant did not timely appeal the amount paid by VA.

The Board has determined that the decision on appeal is not clear and does not provide adequate notice to the appellant concerning the authority under which payment of the medical reimbursement sought may be made. The Board finds it necessary to remand for correction of any error by the AOJ in satisfying a regulatory or statutory duty.

The Veteran's appeal for increased ratings was denied. The non-penetrating muscle injury to muscle group XIX is not rated higher than 10 percent, and the non-penetrating muscle injury to muscle group XXI is granted at a 10 percent rating effective August 26, 2016.

The Veteran's left elbow disabilities are granted with a 10 percent rating for limitation of extension and denied for higher ratings on limitation of flexion.

The Veteran's appeal for a total rating based on individual unemployability (TDIU) has been dismissed due to the death of the Veteran.

The Board has decided that a total disability rating based on individual employability (TDIU) due to service-connected disabilities is remanded for further development, including income verification and clarification of the Veteran's employment history.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's pelvic floor dysfunction. Additional development is needed, including obtaining a new VA examination or opinion.

The Board has determined that additional development is necessary to evaluate the Veteran's service-connected myositis ossificans of the left thigh, and to adjudicate his claim for a TDIU. The case is being remanded for further action.

The Veteran's skin disability is considered to have started during his active service, and the Board has granted service connection for this condition.

The Board has determined that the Veteran's gout of the right great toe was not incurred in service and is unrelated to his service-connected right ankle disability. The evidence does not support a finding of service connection for this condition.

The Board has dismissed the appeal because the appellant (the Veteran's widow) died in July 2021, and as a result, the Board does not have jurisdiction to adjudicate the merits of the appeal.

The Board denied the Veteran's claims for service connection for enlarged lymph nodes and TDIU due to his service-connected vertigo. The evidence did not support a finding that the enlarged lymph nodes were related to service, including exposure to contaminated water at Camp Lejeune.

The Veteran's left knee disability was denied for ratings in excess of the currently assigned 10 percent and 30 percent prior to February 18, 2020 and beginning on that date respectively.

The Veteran is granted entitlement to 20 days of educational assistance benefits under the Montgomery GI Bill and an additional 12 months of Post-9/11 GI Bill benefits, totaling 12 months and 20 days.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran has a current right elbow disability that is related to service or secondary to his service-connected bicep tendonitis.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's exposure to asbestos and the etiology of his meningioma. The case will be returned for further development, including obtaining findings of fact about postservice exposure and forwarding the record to an appropriate clinician for a new opinion.

The Board has decided to remand the case due to inadequate medical opinions and further development is needed.

The Board dismissed the appeal for a rating in excess of 40 percent for ventral hernia as the July 2018 submission was not a valid notice of disagreement.

The Board has remanded the case due to inadequate VA medical opinions. The Veteran's gastrointestinal disorder is being reviewed again for proper service connection.