Other conditions decisions — 2022

The Board dismissed the issue regarding the timeliness of a waiver request for overpayment of VA benefits, as the Veteran's request was found to be timely and the debt was waived in full.

The Board has granted service connection for gout and denied an increased rating for the Veteran's right toe disability.

The appeal is dismissed because the appellant passed away before a decision could be made, and her claim for surviving spouse benefits does not survive her death.

Service connection for a respiratory disability, claimed as chronic pneumonia and breathing difficulties is denied.,Service connection for the cause of death due to pneumonia (immediate cause) and COPD (which the Veteran had for years) is denied.

The Veteran's appeal for service connection for multiple myeloma has been dismissed due to their passing before a decision was made.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Veteran's appeal to reinstate pension benefits was dismissed due to their death.

The Board has determined that the February 2021 decision denying eligibility for PCAFC was based on legally invalid criteria and remands the case to obtain a clinical opinion regarding the Veteran's need for personal care services, as well as provide proper notice.

The Veteran's eligibility for participation in VA's PCAFC program is being remanded due to a lack of adequate medical opinion supporting the decision.

The Board has decided to remand the case due to insufficient examination and opinion regarding the etiology of the Veteran's ataxic gait, which may be related to service-connected PTSD and/or alcohol abuse.

The Board has determined that the Appellant's income did not exceed the maximum annual pension rate, thus granting her entitlement to VA survivor's pension from January 1, 2022.

The Board has found a pre-decisional error and remanded the case for further evaluation of the Veteran's need for personal care services based on new criteria.

The Veteran withdrew his appeal for special monthly compensation (SMC) based on the need for regular aid and attendance or on account of being housebound.

The Board denied the appellant's claims for restoration of survivor's pension at the maximum annual pension rate and an earlier effective date prior to June 1, 1996. The decision found that the appellant's income exceeded the applicable maximum annual pension rates.

The Veteran's bilateral hip replacements are rated at 50 percent, but the Board finds that a higher rating is not warranted due to moderately severe residuals of weakness, pain, or limitation of motion.

The Veteran's prostate cancer rating was reduced from 60% to 20%, but the Board found this reduction improper and restored the original 60% rating.

The Veteran's right second toe amputation did not result in removal of the metatarsal head, and therefore does not meet the criteria for a compensable rating under Diagnostic Code 5172.

The Board has determined that the Veteran's blindness and its residuals are directly related to an in-service injury, specifically being hit in the head with a rifle during service. As such, the claim for service connection is granted.

The Veteran's claim for PCAFC benefits was denied due to not meeting the eligibility criteria. The Board has decided to remand the case to correct pre-decisional errors and provide proper notice.

The Board has determined that there are duty to assist errors in the record and requires additional VA examinations for the Veteran's oropharynx cancer and its residuals.