Other conditions decisions — 2024

The Board has restored the Veteran's TDIU and DEA benefits, effective June 1, 2023, after finding that the AOJ did not comply with regulations regarding proper notice and time periods for submission of employment certification.

The Board has remanded the case due to a need for additional development and medical opinions regarding whether the Veteran's impairment of bilateral lower extremities constitutes 'loss of use' as defined by VA regulations.

The Veteran requested to withdraw his claim of entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU). The Board finds that the request qualifies as a valid withdrawal and dismisses the issue.

The Board has dismissed the appeal as the AOJ administratively approved entitlement to payment of non-VA medical care provided from September 30, 2014, to October 2, 2014, and on October 14, 2014, October 21, 2014, and October 23, 2014.

The Board has dismissed the appeals for earlier effective dates for TDIU, SMC, and DEA benefits as the Veteran's attorney withdrew these claims. The earliest date of eligibility for DEA benefits is July 31, 2018.

The Veteran's claim of competency has been found competent, making the issue moot and thus dismissed.

The Board has determined that the overpayment of Chapter 33 (Post-9/11 GI Bill) housing benefits in the calculated amount of $2,496.59 was not validly created due to sole VA error. As such, the appeal is granted.

The Board has denied the Veteran's claim for service connection for a bilateral foot condition, finding that there is no evidence of in-service aggravation and no medical nexus to service.

The Veteran's claim for service connection for Female Sexual Arousal Disorder (FSAD) and Vaginismus is granted with an effective date of February 1, 2019. The grant of special monthly compensation based on loss of use of a creative organ is also granted with the same effective date.

The Board has denied service connection for a skin condition and remanded the respiratory disability claim due to insufficient evidence.

The Board has denied the Veteran's claim of service connection for a finger disorder, finding that his Raynaud's phenomenon is not related to service or caused by his heart disorders.

The Veteran withdrew his appeal regarding the claim for service connection for left patellar tendonitis.

The appeal is dismissed because the appellant, Anesthesia Consultants Medical Group, received care through the Veterans Community Care Program and was not paid for services provided on November 6, 2020. The process for billing under this program does not allow for review by the Board.

The Board denied a rating greater than 30 percent for postoperative, retinal separation, left eye with diplopia and ptosis. A separate 30 percent rating was granted for left eye ptosis. The Veteran's claim for TDIU due to service-connected disabilities was also granted.

The Veteran's provider, St. Joseph Medical Center, was paid $387.84 for an episode of care on May 29, 2020. The appellant claims they should have been paid $4,242.69 and is appealing to receive additional payment.