Other conditions decisions — 2022

The Veteran's lung biopsy performed in August 2014 led to his death, but the AOJ has not obtained the informed consent document from Vista Imaging. The case is being remanded to obtain this record.

The Board found that the VA Regional Office (RO) properly terminated the appellant's pension benefits due to her countable income exceeding the allowable amount for eligibility, resulting in an overpayment of $28,035. The appeal is denied as the decision was valid.

The Board has determined that there was a pre-decisional error in the denial of PCAFC benefits and remands the case for further action under the correct statutory criteria.

The Board has not addressed the correct period for the claim of entitlement to TDIU, which is prior to June 1, 2020. The case is REMANDED to issue a new Supplemental Statement of the Case (SSOC) addressing this matter.

The appeal for survivor's benefits has been dismissed as the appellant, through his authorized representative, requested to withdraw the appeal.

The Veteran is seeking payment for non-VA medical service provided by OSF Saint Anthony Medical Center on March 21, 2017. The Board has decided to remand the case due to the need for additional records from the VA and private healthcare providers.

The Veteran's claims for increased ratings for left tibial stress fracture and peroneal tendonitis of the left foot, as well as her claim for a TDIU prior to April 23, 2019, are being remanded due to the need for additional development.

The Veteran's service in South Korea during the Vietnam War was a substantial factor in developing metastatic cholangiocarcinoma, which caused his death. The Board granted DIC benefits based on this finding.

The Veteran's death was caused by septic shock with leukemia as the primary cause. The Board found that the Veteran was exposed to herbicide agents, including Agent Orange, during his service in Guam and that this exposure contributed to his development of leukemia.,The claim for DIC benefits under 38 U.S.C. § 1318 is dismissed because the Veteran's death was due to a service-connected disability.

The Veteran's claims for a rating in excess of 30 percent for his service-connected residuals of a fractured left humeral head with rotator cuff tear, status post left rotator cuff arthoplasty and for TDIU are being remanded due to the need for additional examinations.

The Board has determined that the Veteran's Bell's Palsy does not warrant a rating higher than 10 percent, as it is manifested by moderate incomplete paralysis of the cranial nerve.

The Board has remanded the case due to insufficient compliance with previous remand directives regarding an insanity opinion. The case is now pending for further review.

The Veteran's radiation proctitis has been rated at 30 percent since December 16, 2015. The rating is based on the severity of symptoms including alternating diarrhea and constipation with rectal bleeding.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's claimed immune system disorder and gastrointestinal disabilities, as well as his bilateral hip condition. The claims are being returned for further development.

The Board has granted the Veteran's claim for specially adapted housing due to her service-connected Steven Johnson's syndrome resulting in blindness. The appeal seeking a special home adaptation grant is dismissed as moot.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of a June 2012 VA colonoscopy is denied because the evidence does not show that he incurred an additional disability as a result of the procedure.

The Board denied a higher rating for the Veteran's right hallux valgus, postoperative bunionectomy, currently rated at 10 percent. The criteria for a higher rating were not met as his symptoms did not meet the moderately severe level required under Diagnostic Codes 5283 and 5284.

The Board denied the Veteran's claims for service connection for bilateral foot onychomycosis and increased ratings for left knee instability and painful motion, finding no evidence to support a direct relationship between these conditions and active service.

The Board has determined that the matter is not ripe for appellate review due to procedural issues, and it is remanded for further development.

The Board denied service connection for a scalp cyst, finding no evidence of the condition in service and no causal link to service.