Other conditions decisions — 2022

The Board has remanded the claim of entitlement to death pension benefits with aid and attendance due to outstanding evidence that could impact the Appellant's eligibility. The AOJ must request updated information on unreimbursed medical expenses, including from in-home care providers or caretakers.

The Veteran's claim for a higher rating for his service-connected left wrist disability has been remanded due to the need for an addendum medical opinion regarding the severity of his condition from May 1, 2014, through March 18, 2021.

The Board has decided to remand the case due to insufficient opinions regarding the etiology of the Veteran's right Achilles tendon condition and its relationship to his service-connected left Achilles condition.

The Board has decided to remand the Veteran's claim for service connection for a skin condition, including as due to ionizing radiation exposure. The decision is based on the need for further examination and obtaining additional records.

The Veteran and the appellant were married under South Carolina common law in 2003, more than a year prior to the Veteran's death. The Board finds that they had the necessary intent to be married, thus meeting the criteria for recognition as the Veteran's surviving spouse.

The Board has decided to remand the case due to insufficient opinions regarding the Veteran's gastrointestinal disability and its relation to service, particularly her exposure in Southwest Asia.

The Board has granted service connection for degenerative changes of the AC joint and calcific tendinitis of the left shoulder, finding that these conditions are related to the Veteran's in-service duties as an infantryman and paratrooper.

The Board has granted a waiver of recovery for the overpayment of VA compensation benefits due to an adjustment in the Veteran's date of separation from service, finding that the fault lies with the Department of Veterans Affairs (VA) and not the Veteran.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's exposure to contaminated water at Camp Lejeune and his development of primary sclerosing cholangitis, which may have contributed to his metastatic gallbladder cancer.

The appeal was dismissed due to the Veteran's death. The case will be returned to the docket if a substitution request is approved.

The Board has remanded the claim for Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected disabilities prior to July 10, 2021. The Veteran's claims for compensable ratings for loss of taste and smell have been granted with effective dates of May 24, 2022.

The Board has remanded the case due to inadequate development and need for a new VA examination.

The Board has remanded the Veteran's claims for an initial schedular rating higher than 30 percent for bilateral eye disability prior to January 6, 2009; a rating higher than 50 percent for bilateral eye disability from January 6, 2009 to August 7, 2016; and a rating higher than 60 percent for bilateral eye disability from August 8, 2016. The Board has also remanded the issue of an initial extraschedular rating for bilateral pseudophakia with bilateral macular holes.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran has a distinct right hand and arm neurological disability that is caused or aggravated by his service-connected right thumb fusion surgery.

The Board granted an effective date of April 1, 2010 for the recognition of the Veteran's dependent children S. and A., finding that VA failed to assist in providing their social security numbers on the original application.

The Veteran's claim for service connection for colon cancer and its residuals is being remanded due to the need for an addendum opinion considering a medical treatise submitted by the Veteran.

The Board denied the appellant's claim for DIC benefits under 38 U.S.C. § 1318 because she did not meet the eligibility requirements for recognition as the Veteran's 'surviving spouse' due to her marriage duration preceding his death.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's heart conditions and their relationship to service. The Veteran needs a new examination and medical opinion to clarify his current heart conditions.

The Veteran's appeal for a higher rating for hyperacusis has been dismissed due to the death of the appellant.

The Board denied the Veteran's claim for service connection for breast cancer, finding that there was no evidence to support a link between her condition and active duty or any service-connected conditions.