Other conditions decisions — 2022

The Veteran's claim for a higher rating for his service-connected other specified trauma and stress related disorder is remanded due to a duty to assist error. A VA examination is needed to assess the current severity of his disability.

The Board has decided to remand the case due to procedural errors and the need for additional information regarding the Veteran's marital status.

The Board has determined that the May 2021 PCAFC determination did not meet the criteria outlined in 38 U.S.C. § 5104(b) and as directed in 38 U.S.C. § 1720G(a)(12). The Veteran's claim for eligibility for PCAFC benefits has been remanded to provide proper notice.

The Board has decided that the Veteran's abdominal artery condition needs further examination and opinion due to an inadequate previous VA examination.

The Board has determined that the Veteran's current diagnosis of HSV-2 is more likely than not related to his service, and thus grants service connection for this condition.

Your appeal has been dismissed due to the Veteran's death. The Board does not have jurisdiction to proceed with your claim.

The Veteran's service-connected hand and foot conditions render him unable to secure or follow substantially gainful employment, meeting the criteria for a TDIU.

The Board has recognized the appellant as the lawful spouse of the Veteran at the time of his death and lived with him continuously from their common law marriage in September 1980 to his death, thus granting recognition for purposes of receiving DIC benefits.

The Board has determined that the May 2021 decision denying eligibility for PCAFC benefits was based on a pre-decisional error and requires remand to obtain a new medical opinion from CEAT, evaluate the Veteran's need for personal care services based on specific criteria, and issue proper notification of the decision.

The Veteran's death was not service-connected, but he had an original claim for pension pending at the time of his death. The Appellant is granted a nonservice-connected burial allowance.

The appeal regarding attorney fees awarded in the April 2020 rating decision is remanded due to procedural issues related to simultaneously contested claims.

The Veteran's claim for a higher evaluation and earlier effective date for his service-connected dermatophytosis is granted. The effective date of the increased rating will be July 20, 2019.

The Veteran's appeal is remanded due to a failure to obtain relevant sleep medicine treatment records through the VA Choice Program and from a private provider. The AOJ must attempt to obtain these records.

The Veteran's service connection claim for acute lymphocytic leukemia is granted due to exposure to herbicide agents during service, as provided by the PACT Act.

The Board denied the Veteran's request for a waiver of overpayment of VA compensation benefits due to his incarceration and unjust enrichment, finding that recovery would not be against equity and good conscience.

The Board has decided to remand the case due to outstanding SSA records that need to be obtained for a proper evaluation of the claim.

The Board has not found substantial compliance with the previous remand directives and requires further development to obtain missing documents related to the Veteran's claim for dental expenses incurred in May 1999.

The Board has ordered a remand to obtain an addendum opinion from a qualified medical professional regarding the Veteran's sickle cell trait, which is currently considered a congenital defect. The examiner must clarify whether it was aggravated by service or if it clearly and unmistakably preexisted service.

The Board denied the Veteran's claim for service connection for arrhythmia with an AICD, finding that it is not etiologically related to his active service or service-connected PTSD.

The Board has dismissed the appeals for service connection of joint pain and difficulty breathing as the appellant requested withdrawal of his appeal.