Other conditions decisions — 2022

The Veteran's relationship with the Appellant did not meet the criteria to be recognized as a surviving spouse for Dependency and Indemnity Compensation (DIC) benefits due to lack of valid marriage, despite living together continuously from November 1991 until the Veteran's death in March 2003.

The Board has determined that the Veteran's respiratory disability was not incurred or aggravated during service and is denying his claim. The claims for vision, skin, prostate, and dental disabilities are remanded due to inadequate medical opinions.

The Veteran's fractured jaw and head trauma are related to service, but further examination is needed to determine the extent of current disabilities.

The Board has determined that the Veteran is in need of personal care services for a minimum of six continuous months based on a need for supervision, protection, or instruction. The AOJ must provide the Veteran with complete notice of the decision as required by 38 U.S.C. §5104 and 38 U.S.C. § 1720G(a)(12), including identification of whether or not the claim meets the criteria under 38 U.S.C. § 1720G and 38 C.F.R. §§ 71.15-71.25.

The Veteran's service connection claim for basal cell carcinoma is granted as the current disability is etiologically linked to his active-duty service.

The Board has granted the Veteran's claim for service connection for chondromalacia and degenerative joint disease, status post right knee. The decision finds that the condition was incurred coincident with service.

The Veteran's appeal for Dependents' Educational Assistance (DEA) benefits was dismissed because the Veteran and his representative withdrew their appeal before a decision could be made by the Board.

The Board has decided to remand the cases for further development and consideration due to a pre-decisional duty to assist error regarding the Veteran's diagnoses of endometriosis and her headaches.

The Board has found that the Veteran is not eligible for PCAFC benefits due to a lack of personal care services. The decision will be remanded to correct this pre-decisional error and evaluate eligibility under the correct statutory criteria.

The Veteran's appeal for service connection under 38 U.S.C. § 1151 was dismissed, and the claim for service connection based on exposure to herbicides during service at Fort Polk is remanded for further development.

The Board has decided to remand the case due to a duty to assist error, requiring a VA examination to determine if any current foot disorders are related to military service.

The Veteran's claim for an earlier effective date for service-connected essential thrombocythemia was denied as the evidence did not show that the claim was filed before May 17, 2021.

The appeal for payment of $1,364.00 for medical expenses incurred from January 4, 2019, to January 8, 2019 is dismissed as the VA has already paid the remaining deductible.

The Veteran's appeal for a waiver of overpayment due to a retroactive withholding of his representative's fee was granted in full, rendering the issue moot and the appeal dismissed.

The Board has granted service connection for a bilateral ear condition manifested by impacted cerumen, pain and recurrent infections. Service connection for vertigo was denied.

The Veteran's toenail fungus began in service and has continued since then, meeting the criteria for direct service connection.

The Veteran's claim for a higher rating for his right knee condition was denied as the evidence did not show that his flexion was limited to 30 degrees, which is required for a 20 percent rating. The Board found no ankylosis or other conditions warranting separate ratings.

The Board has remanded the case for an addendum opinion to determine if the Veteran's left thumb disability pre-existed service and, if so, whether it was aggravated by service or is related to service.

The Board has dismissed the issue of service connection for a right forearm or elbow disability due to prior grant in May 1997. The rating for right hallux valgus is denied, and the issue of compensable rating for right elbow injury residuals since February 21, 2015 is remanded.

The Veteran's claim for a higher rating for his thrombosis, TIA, or cerebral infarction is remanded due to the need for a new examination and consideration of any associated residuals.