Other conditions decisions — 2022

The Board has remanded the case due to a duty to assist error regarding the service connection for intermittent explosive disorder. The examiner is requested to provide an addendum opinion addressing whether the Veteran's IED preexisted service and if any aggravation occurred during service.

The Board has granted service connection for a 50 percent rating for OSA with chronic pleuritis and bibasilar atelectasis, effective June 10, 2019. Service connection for bone cancer of the bilateral femurs was denied.

The Board has decided to remand the case due to an error in not addressing the validity of the debt before considering the waiver request. The Veteran's claim will be returned for further review.

The Veteran's income exceeds the minimum threshold to qualify for nonservice-connected pension and his monthly compensation benefit exceeds the amount he would be entitled to if he qualified for nonservice-connected pension.

The appellant's authorized representative has withdrawn the appeal, so it is dismissed.

The appeal was dismissed because the appellant died during the pendency of the case.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed because the appellant withdrew his appeal.

The Board has determined that the termination of PCAFC benefits was proper due to the Veteran's placement in a VA Community Living Facility (CLC). The appeal is remanded for further review and clarification regarding whether Level 2 PCAFC benefits should be granted during the period when the Veteran received benefits.

The case is being remanded due to incomplete records and legally inadequate notifications under section 5104 of the Veterans Claims Assistance Act.

The Board denied the Veteran's request for a waiver of overpayment due to his delay in reporting his divorce from his spouse, finding that he was primarily responsible for the creation of the debt and that repayment would not cause undue hardship. The decision also noted that the Veteran would be unjustly enriched if he were not required to repay the overpayment.

The Veteran's nasopharyngeal cancer is considered a respiratory cancer related to herbicide exposure, and the Board finds service connection for the cause of death is warranted.

The Board has determined that the Veteran's multiple myeloma is related to exposure to environmental toxins during his Gulf War service, specifically burn pits. Service connection for this condition is granted.

The Board dismissed the appeal of the July 21, 2021 decision on apportionment because no timely VA Form 10182 was filed and good cause for extension was not provided.

The Veteran's appeal of the attorney's fees decisions was dismissed as he did not file a timely VA Form 10182 and no good cause for extension was provided.

The Veteran's liver cancer was rated at 100% effective August 13, 2019. However, he did not have a total disability rating for eight years prior to his death in September 2019, so the claim for enhanced DIC under 38 U.S.C. § 1311(a)(2) is denied.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) prior to June 27, 2018 is being remanded due to ambiguity regarding the Veteran's wishes and the need to obtain SSA records.

The Veteran's claim for a higher rating for chronic brachial neuritis of the left hand was denied, and his claim for a higher rating for a left knee disability is remanded.,A VA examination is needed to assess the current severity of the Veteran's service-connected left knee disability.

The Veteran's claim for eligibility to participate in the PCAFC program was denied due to a lack of personal care services. The Board has decided to remand the case for further review and proper consideration under the correct eligibility criteria.

The Veteran's appeal for reimbursement of non-VA medical services provided on August 6, 2019, at Mabank Family Dentistry has been granted in full. The issue is dismissed as the benefit sought has been fully resolved.

The Veteran's appeal for reimbursement of non-VA medical services provided on April 2, 2021 is dismissed because the claim has not been granted or denied and he has yet to submit a claim for payment.