Other conditions decisions — 2022

The Board has decided to remand the issue of eligibility for benefits under the Program for Comprehensive Assistance for Family Caregivers (PCAFC) due to insufficient notice and inadequate medical determination. The AOJ must provide a complete notice of the decision as required under 38 U.S.C. § 5104, and a new medical determination is needed from the CEAT.

The Veteran withdrew his appeal and canceled the hearing before the Board of Veterans' Appeals, leading to the dismissal of the case.

The Veteran's appeal was dismissed because his attorney requested to withdraw the appeal prior to a decision being made.

The Veteran's appeal for a waiver of recovery of an overpayment of Chapter 33 educational assistance benefits was dismissed because the notice of disagreement was filed after the one-year deadline.

The Board denied the Veteran's claims for service connection for his right clavicle disability and rib fracture, finding that no new evidence was submitted to warrant readjudication.

The Board has determined that the reduction of the disability rating for adenocarcinoma of the lung from 100% to 30% effective October 1, 2021 was proper and denied the Veteran's request for restoration of the 100% rating.

The Veteran's TDIU claim is remanded due to a duty to assist error regarding SSA records. The VA needs to obtain and associate any outstanding SSA disability benefits records with the claims file.

The Veteran's TDIU was granted on August 24, 2016. The Board has remanded the case to determine if an extraschedular TDIU is warranted.

The Veteran's death did not result in any pending claims for VA benefits, and he had no open entitlement to benefits at the time of his death. Therefore, accrued benefits cannot be paid.

The Board has remanded the case due to insufficient evidence regarding the severity of the Veteran's service-connected intervertebral disc syndrome (IVDS). The Veteran is seeking an increased rating for his IVDS, which was initially granted in October 2014. The VA examinations conducted did not provide sufficient information about the frequency and duration of flare-ups, leading to a remand.

The Board has granted service connection for herpes simplex but denied service connection for syphilis.

The Veteran's claim for nonservice-connected disability pension benefits was denied due to insufficient evidence provided regarding his income and net worth.

The Board has remanded the claim for further development due to outstanding VA and private treatment records, including those from the Atlanta VAMC and Dr. George.

The Board has remanded the claims for service connection and TDIU prior to August 8, 2014 due to inadequate medical opinions regarding the Veteran's Rathke's cleft cyst. The issues are inextricably intertwined.

The Veteran's back disorder, diagnosed as L5-S1 facet joint arthroplasty with neuroforaminal stenosis and bilateral sacroiliitis, is related to an injury incurred during his training in Officer Candidate School (OCS) in 1974. The Board granted service connection for this condition.

The Board denied the Veteran's request to waive recovery of an overpayment of VA compensation benefits due to incarceration for a felony. The decision found that recovery would not be against equity and good conscience.

The Board has granted an earlier effective date of July 15, 2016 for the grant of service connection for resection of the colon as secondary to service-connected pelvic inflammatory disease (PID). The Veteran's claim included her colon condition from the outset.

The Board denied service connection for lymph node cancer and mesothelioma, finding no current diagnosis of these conditions. The Veteran's death certificate listed mesothelioma as the cause of death.

The Veteran's claims of entitlement to initial compensable ratings and service connection for right foot hallux valgus, left foot hallux valgus, right foot hallux rigidus, and hallux rigidus left foot are being remanded due to the need for further development.

The Board denied the Veteran's application to reopen his claim for service connection for psychosis, finding that no new and material evidence had been submitted.