Other conditions decisions — 2022

The Board has granted service connection for the cause of death of the Veteran, reopening the claim based on new and material evidence. The appellant's attorney was awarded a reduced amount of $7,975.97 in past-due benefits.

The appeal of the effective dates assigned for the award of service connection for ALS is dismissed due to the Veteran's death.

The Veteran's non-Hodgkin's lymphoma is remanded for further development, including obtaining a dose estimate of his in-service radiation exposure and scheduling a VA examination to determine if the condition is related to service.

The Board dismissed the appeal as the Veteran's authorized representative withdrew the appeal for a single issue of entitlement to a waiver of indebtedness resulting from an overpayment of compensation benefits while his dependent was receiving Chapter 35 Dependent Educational Assistance benefits.

The Board has dismissed the appeal as there is no longer a case or controversy for decision due to VA overturning its initial denial of the claim.

The Board has remanded the case due to a lack of an adequate VA examination and medical opinion regarding the Veteran's respiratory disability, including its etiology and relationship to service. The AOJ is required to obtain an addendum medical opinion clarifying whether the Veteran has any diagnosed respiratory disability during the appeal period or proximate to his claim, and whether it is related to his active duty service, including asbestos exposure.

The Veteran's claim for eligibility to participate in the PCAFC program has been denied due to a lack of evidence meeting the eligibility criteria. The appeal is being remanded to reconsider the case under updated legal standards and provide proper notice.

The Veteran's myelodysplastic syndrome is related to his in-service exposure to herbicide agents, specifically Agent Orange. The Board has granted service connection for this condition.

The Board has reopened the claim of service connection for testicular cancer due to new and relevant evidence submitted by the Veteran.

The Board has decided to remand the case due to a failure to request private treatment records, and the Veteran's TDIU claim is now pending for further review.

The appeal was dismissed because the Veteran withdrew his appeal through his authorized representative.

The Board has determined that there are errors in the decision and remands the case for further development to ensure all relevant records are considered, including a complete surgical report and x-ray reports. The Veteran is seeking compensation under 38 U.S.C. § 1151 for additional disability beyond what would be expected from a hip replacement with an intraoperative fracture.

The Veteran's pension benefits were terminated on January 1, 2020 due to his net worth exceeding the $129,094 limit. The Board found that his assets and income exceeded this limit.

The Veteran's right little finger disability is rated at a 10 percent rating, effective from the date of the claim (October 4, 2010). The Board found that the Veteran has functional loss due to pain and limited range of motion in his hand.

The Veteran's representative withdrew the claim for special monthly compensation based on aid and attendance, resulting in its dismissal.

The Veteran's application for PCAFC benefits was denied due to not requiring personal care services for a minimum of six continuous months based on an inability to perform an ADL or having a need for supervision, protection, or instruction. The Board has decided the case is remanded as there are errors in the decision and incomplete evidence.

The Veteran's son, I.J., was recognized as a helpless child and added to the Veteran's award of VA disability compensation in an August 2020 decision. As this represents a full grant of benefits, the appeal is dismissed.

The Board has remanded the claims for an effective date earlier than May 9, 2018, for service connection of adjustment disorder with depressed mood and for a higher rating. The issues are also inextricably intertwined due to the potential change in the effective dates.

The appeal regarding the cause of death is dismissed due to the appellant's death during the pendency of the appeal.

The Veteran's claim for service connection for HIV positive is being remanded due to the improper use of a form and the need to issue an SOC.