Other conditions decisions — 2022

The Veteran's claim for PCAFC eligibility was denied due to a lack of personal care services and supervision. The decision is being remanded as the legal criteria used were invalid, and there are issues with the notice provided.

The Veteran's service-connected panic disorder is rated at 50 percent, but no higher. The Board granted a 50 percent rating for the disability and denied a TDIU due to insufficient evidence showing unemployability by reason of his service-connected disabilities.

The Board has determined that the Veteran's bilateral ocular histoplasmosis originated during active service and is therefore granted service connection.

The Board dismissed the appeal because the Veteran withdrew his appeal, stating he no longer had any allegations of errors in the determination.

The Board has denied an initial compensable rating for the Veteran's CLL, finding that it is asymptomatic and at Rai Stage 0, which warrants a noncompensable rating under DC 7703.

The Veteran's claimed right hand and left thumb arthritis were not shown as chronic in service, did not manifest to a compensable degree within the applicable presumptive period, and continuity of symptomatology is not established. The evidence does not support a finding that any current right hand or left thumb disability is related to military service.,The Veteran's respiratory disability was not shown as chronic in service, did not manifest to a compensable degree within the applicable presumptive period, and continuity of symptomatology is not established. The evidence does not support a finding that any current respiratory disability is related to military service.

The Board dismissed the appeal regarding the removal of the Veteran's spouse from his award, as the appellant withdrew the appeal in April 2021.

The Veteran's claim for additional VA compensation benefits for a dependent spouse is denied because common law marriage is not recognized in Florida, and no valid marital relationship has been established.

The Board denied the Veteran's claim for service connection for heart failure, finding no persuasive evidence of an in-service occurrence or event causing his current condition and no nexus to service.

The Board has granted a waiver of overpayment for the Veteran's compensation benefits due to his felony incarceration, finding that recovery would be against equity and good conscience given the Veteran's dire financial situation and the VA's delay in reducing his benefits.

The Veteran's adult daughter, the Appellant, is not eligible for accrued benefits in excess of $79.87 due to lack of evidence showing she paid for expenses related to her father's last sickness and burial.

The Board has remanded the case due to an inadequate medical opinion regarding the relationship between the Veteran's current skin conditions and his service, including abscesses during service.

The Board denied the Veteran's claim for service connection for anemia, finding that it is not secondary to his service-connected hemorrhoids and is otherwise unrelated to service.

The Veteran's service-connected malaria is being remanded for additional medical records and an examination to determine the current severity of his condition.

The Veteran's claims for service connection for a dental disorder involving the teeth and gums, and a jaw disability are remanded due to insufficient evidence regarding their etiology.

The Veteran's neurocognitive disorder is not related to service or a service-connected disability, and the claim for TDIU on an extraschedular basis is referred to the Director of Compensation Service.

The Board has granted an increased apportionment of the Veteran's VA benefits on behalf of his wife, B.S.M., effective October 1, 2015. The decision is based on her demonstrated individual need for the withheld benefits due to financial hardship and significant expenses.

The Veteran's left hip flexion is limited to 10 degrees and his left hip extension is limited to five degrees. The Board granted a 40% evaluation for left hip limitation of flexion and a 10% evaluation for left hip limitation of extension. For the period prior to September 1, 2016, the Veteran's left thigh impairment was evaluated at 20%. From that date onward, an evaluation in excess of 20% is denied.

The Board has decided to remand the case due to a need for clarification regarding whether the Veteran's personality disorder existed prior to service and if it was aggravated by military service. The case will be returned for further development, including obtaining medical records and providing an addendum opinion from a VA examiner.

The Veteran's thoracic outlet syndrome of the left upper extremity is rated at 60 percent, effective March 7, 2016.