Other conditions decisions — 2022

The Veteran's claim for a rating in excess of 100 percent for schizoaffective disorder is denied as there is no legal basis to grant such a higher rating.

The Board has decided that the Veteran does not qualify for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC, or "Caregiver Program"). The AOJ must provide the Veteran with complete notice as required by 38 U.S.C. § 5104.

The Board has decided to remand the case due to a lack of an opinion addressing whether the Veteran's left elbow disability worsened during service and if it was clear and unmistakable that any worsening was not due to natural progression.

The Board has determined that the August 2013 rating decision contained clear and unmistakable error (CUE) in denying service connection for dysthymic disorder, a psychiatric disability. As a result, the claim is granted.

The Board has found that the March 2021 decision on appeal is legally inadequate and remanded for a new medical determination considering all medical information of record.

The Board has remanded the case due to errors in pre-decisional duty-to-assist and a need for further development regarding the Veteran's claim of service connection for Progressive Supranuclear Palsy (PSP).

The Board has decided to remand the claims for payment or reimbursement of non-VA treatment costs due to procedural issues and lack of adequate notice. The Veteran's original claim or related documents need to be obtained, including income status information.

The Veteran's claim for nonservice-connected pension with aid and attendance was granted effective September 13, 2021. The Board found that the Veteran continuously pursued his January 2021 application for pension and met all eligibility criteria.

The Veteran's eligibility for PCAFC benefits is being remanded due to inadequate notice in the initial decision, and the need for supervision, protection, or instruction must be evaluated under the correct statutory criteria.

The Board has granted service connection for pulmonary fibrosis due to asbestos exposure, finding that the Veteran's condition is related to his military service and granting the benefit of doubt in favor of the Veteran.

The appeal was dismissed due to the appellant's death, and no final decision can be made.

The Veteran's appeal for eligibility to participate in the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is remanded due to a lack of proper notice and an incorrect legal standard applied by VA. The case must be returned to the AOJ for further action.

The Veteran's appeal for service connection for an eye/vision disability, to include as secondary to a service-connected condition, has been dismissed due to the appellant's withdrawal of the appeal.

The Board has remanded the issues of entitlement to increased ratings for residuals of an injury to the larynx and a separate rating for an unstable scar associated with ulcer of the left heel. The effective date issue remains pending.

The Board has denied the Veteran's claim for service connection for a bilateral eye disorder, finding that there is no evidence of any chronic eye disability related to his in-service explosion and that the current conditions are more likely due to other factors such as age-related changes and diabetes.

The Veteran's appeal for an increased rating for a left great toe scar is dismissed. The Board has also remanded the issue of entitlement to a higher rating for residuals from a left great toe partial amputation.

The Board has remanded the claims of service connection for a cognitive disorder and entitlement to TDIU due to inadequate medical opinions and other procedural issues.

The Board has decided to remand the case due to a need for further evaluation of the Veteran's service-connected dysphagia, specifically addressing whether it warrants a rating in excess of 50 percent.

The Veteran's claims for increased disability ratings for his right foot stress fracture and left foot fracture of the second metatarsal have been granted, with each receiving a 10% rating.

The Board has determined that the Veteran does not have a current diagnosis of nerve damage from dental work, or any related disability. Therefore, the claim for service connection is denied.