Other conditions decisions — 2022

The Veteran's tongue cancer is remanded for further examination and clarification of whether it qualifies as a respiratory cancer, specifically lung, larynx, or trachea cancer.

The Board has granted an earlier effective date for the initial award of service connection for bilateral quadriceps atrophy. The issues are inextricably intertwined and remanded to allow further action on the increased rating claims, SMC prior to September 12, 2019, and TDIU.

The Veteran's appeal was dismissed due to their death, and no jurisdiction remains for the Board to consider the merits of the case.

The Board has remanded the claims of service connection for nerve damage and stroke residuals, as they are related to a service-connected mood disorder. The VA will obtain new medical opinions from a neurologist to address the nature and etiology of these conditions.

The Veteran's claim for an earlier effective date prior to March 1, 2015, for the award of additional compensation based on the recognition of a dependent spouse is denied. The earliest possible effective date for his benefits as the effective date assigned is February 25, 2015.

The Board has determined that the Veteran's genital herpes disability is related to service and grants service connection for this condition.

The Veteran's bowel duct problems and scar are being remanded for further evaluation due to inadequate medical opinion regarding the relationship between her conditions and VA treatment. The issue of service connection is also being remanded.

The Veteran's claim for service connection for unspecified trauma and stressor-related disorder, bilateral hearing loss, lymph node cancer, larynx cancer, an initial rating in excess of 30 percent for unspecified trauma and stressor-related disorder, and an effective date prior to January 16, 2020, for a total disability rating due to individual unemployability (TDIU) is being remanded.,The Veteran's claim for an earlier effective date prior to April 28, 2015, for service connection for unspecified trauma and stressor-related disorder was denied.

The Board has determined that the VA examinations are inadequate and remands the case for further development, including a new examination to assess the current severity of the Veteran's service-connected right hip disabilities.

The Board has restored a 10 percent rating for bilateral dry eye syndrome, effective November 1, 2017. The Veteran's condition was rated as noncompensably disabling prior to this date.

The Board has denied service connection for dysthymic disorder claimed as insomnia/sleep disturbances due to lack of new and relevant evidence. The claim for trigeminal neuralgia is remanded due to the submission of new and relevant evidence.

The Board has dismissed the appeal because it does not have jurisdiction to review the claim for payment of medical services under the Veterans Community Care Program (VCCP).

The Veteran's appeal was dismissed due to his death, and no service connection issues were decided.

The Veteran's appeal for service connection for chronic myeloid leukemia has been dismissed due to his death. The claim was not about exposure to herbicide agents or any other specific type of exposure.

The Veteran's claim for SMC based on an eye disability is denied.,The Veteran's claim for an earlier effective date for a 50% rating for his eye disability is also denied. The Board has found that the Veteran did not meet the criteria for SMC due to vision loss and that there was no valid CUE claim regarding the assignment of his 50% rating effective date.,The Veteran's claim for an earlier effective date for a 50% rating for his eye disability is denied. The Board found that there were no medical records or evidence prior to February 24, 2022, which provided any assessment or information regarding the severity of his eye disability.

The Board denied the Veteran's claim for service connection for Guillain-Barre Syndrome, finding that new and relevant evidence had not been received since the August 2012 denial.

The Board has granted the Veteran's claim for service connection for follicular lymphoma, finding that new evidence supports a determination of herbicide agent exposure during service and thus establishing presumptive service connection.

The Board has determined that there was a due process error in the initial decision regarding survivor's pension, as the appellant did not receive proper notification of the decision and its basis. The case is being remanded to correct this issue.

The Veteran's disability ratings for post-surgical neuritis and muscle injury left arm due to surgical excision of malignant sarcoma were reduced, but the reduction was found to be improper. The rating for post-surgical neuritis has been restored from noncompensable to 40 percent.

The Board has determined that there was a pre-decisional error in the June 2021 decision regarding eligibility for PCAFC benefits and has ordered remand to correct this error.