Other conditions decisions — 2022

The Veteran's application for Caregiver Program benefits is remanded due to incomplete file, legally inadequate notifications, and a pre-decisional duty to assist error. The decision on eligibility will be reviewed by the CEAT.

The Veteran is granted earlier effective dates for TDIU, DEA benefits, and SMC based on his service-connected mood disorder.,The Veteran's initial disability rating for mood disorder due to a known psychological condition remains at 70 percent.

The Board dismissed the issue of whether the rejection of the Veteran's January 2022 Supplemental Claim was proper because the claim has been rendered moot due to an error in the January 2022 decision and a subsequent September 2022 rating decision on the merits.

The Veteran's claim for eligibility under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to a legal error in the initial decision. The Board finds that the Centralized Eligibility and Appeals Team (CEAT)'s determination was inadequate, particularly regarding the interpretation of 'need for supervision, protection or instruction' as defined under 38 C.F.R. § 71.15.

The Board has determined that the appellant's deductible medical expenses exceed her income, and thus grants a maximum pension rate of $1,176 per month from December 1, 2017 to November 30, 2018 and $1,209 per month from December 1, 2018 to January 31, 2019.

The Board has remanded the Veteran's claims for service connection for Morton's neuroma of the bilateral feet and ingrown toenails of the bilateral feet due to inadequate VA examinations.

The Board has decided that the Veteran's spouse requires regular aid and attendance, but needs for this benefit have not been fully addressed due to additional evidence being added to the claims file. The case is remanded for further action.

The Veteran's appeal for an increased evaluation of his left testicle disability was denied. The Board found that the current rating of 10 percent is appropriate as there is no evidence of recurrent symptomatic infection requiring drainage or frequent hospitalization, continuous intensive management, other voiding or renal dysfunction, or complete testicle atrophy of both testicles.

The Board has decided to remand the case due to insufficient information regarding the Veteran's bilateral breast cancer and its relation to service, specifically herbicide exposure and/or Camp Lejeune contaminated water. The VA will obtain additional records and provide an addendum opinion.

The Board has granted service connection for endometriosis and dysmenorrhea, finding that the Veteran's conditions began during her military service. The Board also found support for a secondary service connection claim for chronic severe pelvic adhesive disease as it was linked to her service-connected endometriosis.

The Board has granted service connection for a testicle disorder of the left testis, finding that it is related to service despite a negative medical opinion. The Veteran's testimony and in-service treatment records support this decision.

The Board has granted a 30 percent rating for the Veteran's esophageal spasm disability, finding that it results in moderate impairment but not worse.

The Board has remanded the Veteran's claims for higher ratings for his right and left foot disabilities due to possible worsening of these conditions since the last examination. The Veteran is also seeking a TDIU based on his bilateral foot disorders.

The Board has decided to remand the case due to insufficient evidence and a need for further examination.

The Board denied service connection for leukemia, finding no current disability and noting the absence of diagnostic pathology or treatment.

The appellant is not a qualifying 'child' as defined by VA regulation and thus does not have standing to file for death benefits. The claim is denied.

The Board has remanded the case due to non-compliance with previous directives and a need for additional information from the appellant regarding her and the Veteran's income and expenses.

The Board denied service connection for TMJ as there is no current diagnosis of the condition and the Veteran's symptoms do not meet the criteria for a disability.

The Veteran's appeal involves the propriety of an increased rate of apportionment and overpayment due to that increase. The case is being remanded for further procedural steps, including providing documents related to C.S.'s addition to the Veteran's compensation award and addressing the request for waiver of recovery of the overpayment.

The Veteran's claim for retroactive dependency benefits from 2012 to 2015 was denied as the required information was not submitted within one year of notification.