Other conditions decisions — 2022

The Board dismissed the appeal for entitlement to additional attorney fees based on past-due benefits awarded in the September 10, 2020, rating decision as the appellant requested withdrawal of the appeal.

The Veteran's claim for eligibility to participate in the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to errors in notification and legal criteria. The AOJ must obtain a medical opinion from CEAT regarding the Veteran's need for personal care services based on specific criteria, readjudicate the claim under appropriate eligibility criteria, and provide complete notice as required by law.

The Veteran's need for outpatient oxygen therapy due to his service-connected adenosquamous carcinoma of the lung began on December 4, 2019. The Board has granted an effective date of December 4, 2019, for the assignment of a 100 percent disability rating.

The Veteran's appeal to readjudicate his claim of entitlement to service connection for insomnia, including as secondary to a service-connected disability remains denied. The Board found that new and relevant evidence has not been received sufficient to readjudicate the claim.

The Board has reinstated the Veteran's TDIU and restored his Dependents' Educational Assistance (DEA) benefits effective April 1, 2021 due to improper termination of these benefits based on VA's erroneous finding that the Veteran was employed.

The Board has remanded the cases for further development and an opinion regarding the nature and etiology of the Veteran's claimed conditions.

The Veteran's appeal is remanded due to errors in the eligibility determination for PCAFC benefits. The AOJ must obtain a new opinion from CEAT based on updated criteria and provide proper notice of the decision.

The Board has granted the Veteran's claim of service connection for right big toe ingrown toenail deformity, finding that new evidence received since the June 2018 rating decision supports a relationship between his current condition and military service.

The Board has remanded the case due to a failure of the duty to assist based on an inadequate examination prior to the appealed August 2021 RO rating decision, and for additional opinions addressing whether the Veteran's service-connected ischemic heart disease caused or aggravated his claimed neurocognitive disorder (including Alzheimer's disease).

The Veteran's eligibility for PCAFC benefits is being remanded due to a conflict between the CEAT's determination and supporting evidence in the file.

The Veteran's service in the Air National Guard and Air Force Reserve did not qualify as active duty for pension purposes, thus denying his claim for nonservice connected pension.

The Board has decided that the file is incomplete, the notifications are legally inadequate under 38 U.S.C. § 5104, and there is a pre-decisional duty to assist error regarding eligibility for PCAFC benefits. The case is being remanded for these issues.

The Veteran's appeals for increased ratings for left and right restless leg syndrome have been dismissed as the Veteran withdrew his claims.

The Veteran's service connection claim for peri-spinal meningioma, which he claims is related to his in-service herbicide exposure, has been remanded due to the need for a VA examination and expert medical opinion.

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

The Veteran's aplastic anemia and myelodysplastic syndromes are granted as service connected due to exposure at Camp Lejeune, with a minimum rating of 10%.

The Veteran's appeal for an initial disability rating in excess of 30 percent for their trauma and stressor-related disorder has been dismissed due to the death of the Veteran.

The Veteran's claim for an effective date of January 31, 2018, for service connection of adenocarcinoma of the lung was granted. The decision is based on new evidence submitted after a previous denial in March 2013.

The Board has restored the Veteran's 100% evaluation for non-Hodgkin's lymphoma, effective from June 1, 2021, as the discontinuation of this rating was improper.

The Veteran's income exceeded the VA National Means Test threshold for a veteran with one dependent in 2017, resulting in a denial of copay exemption for VA healthcare.