Other conditions decisions — 2022

The Veteran's appeal for a higher rating for left upper extremity lymphedema, to include on an extraschedular basis, is being remanded due to lack of substantial compliance with the May 2022 Board remand requests.

The appeal for compensation under 38 U.S.C. § 1151 for perforated colon and gallbladder removal is dismissed due to the appellant's death.

The Board has decided that the Veteran's eye condition and right scrotum condition are not service-connected. The case is being remanded for further development.

Your appeal for payment of non-VA medical services has been resolved in your favor and the expenses have been approved by VA.

The appellant withdrew their appeal, and the Board dismissed it.

The Veteran's child, M.D.P., is experiencing financial hardship due to inadequate support from the Veteran. The Board has granted an apportionment of $900.00 per month on behalf of M.D.P., which will not cause undue hardship for the Veteran.

The Board has remanded the case for a VA mental health examination to determine the severity of the Veteran's service-connected adjustment disorder with depressed mood chronic, considering his migraine disability. The effective date for the grant of service connection remains April 17, 2019.

The Veteran's attorney requested to withdraw the appeal due to eligibility for additional attorney fees based on past-due benefits awarded in a February 2021 rating decision. The Board dismissed the appeal.

The Board has decided that the file is incomplete and there are legal issues with the notification of the decision. The eligibility for Caregiver Program benefits under VA's PCAFC needs to be remanded for further action.

The Board has remanded the claims for service connection for cause of death, brain cancer, esophagus cancer, and bone cancer due to conflicting evidence regarding the Veteran's alleged Vietnam service. The appellant is seeking these conditions as secondary to the Veteran's lung cancer.

The Board has remanded the case due to an inadequate VA examination, and a new one is needed to determine the current severity of the Veteran's insomnia.

The Board has remanded the case due to a duty to assist error regarding a VA examination for squamous cell carcinoma, which is presumed related to herbicide exposure.

The Board has determined that the Veteran's death was caused by pneumonia with contributing diseases of neutropenia and myelodysplastic syndrome. The cause of death claim is remanded due to a failure to verify the Veteran's exposure to herbicide agents during service, including 'service in the Republic of Vietnam' or 'in the 12-nautical mile territorial sea of the Republic of Vietnam'. The burial benefits claim is also remanded as it is inextricably intertwined with the cause of death claim.

The Veteran's appeal for a higher rating for his right tibia/fibula fracture has been withdrawn, and the Board is dismissing the case.

The Board has remanded the case due to a lack of accreditation for the educational institution, and further investigation is needed to determine if it can be approved by VA as an educational institution.

The Board has determined that the decision regarding the Veteran's eligibility for PCAFC benefits is incorrect due to a pre-decisional error and requires further review under the correct legal standards.

The Veteran withdrew his appeals regarding the effective dates for TDIU and DEA benefits.

The Board found the reduction from a 60 percent rating to noncompensable for left partial nephrectomy effective December 1, 2020, was proper based on evidence of inactive disease without voiding or urinary dysfunction.

The appeal was dismissed as the claim for payment of non-VA emergency medical services provided on June 27, 2020, has been resolved by administrative action.

The appeal was dismissed due to the appellant's death. The Board cannot adjudicate the merits of this appeal at this time.