Other conditions decisions — 2022

The Board has decided to remand the Veteran's claim for a gynecological disability as it requires additional development, including obtaining private treatment records and verifying Gulf War exposure. The Veteran is not seeking service connection based on a presumption of exposure or other special circumstances.

The Board has remanded the case due to inadequate compliance with previous remand directives and the need for additional development, including obtaining medical records and an opinion regarding the nature and etiology of the Veteran's eye conditions.

The Board denied compensation benefits under 38 U.S.C. § 1151 for a defective dental bridge due to carelessness, negligence, or lack of proper skill on the part of VA in providing medical treatment.

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 claim for service connection for squamous cell carcinoma of the left tonsil is granted as new and relevant evidence has been received. The cancer was not incurred in or aggravated by service, including exposure to contaminated water at Camp Lejeune.

The Board has granted service connection for multiple myeloma and set the effective date at May 17, 2016, when the Veteran first filed his claim. The decision is based on direct service connection due to exposure to contaminated water at Camp Lejeune during active duty.

The Board has remanded the case due to a duty to assist error, requiring additional efforts to obtain private treatment records from the Veteran's medical facilities.

The Board denied the appellant's claim for nonservice-connected VA survivors pension benefits as her annual income exceeded the maximum annual pension rate (MAPR).

The appeal concerning Dependents' Educational Assistance (DEA) is dismissed as the appellant did not identify a specific decision with which they disagreed and the appeal was filed more than one year after any denial.

The Veteran's appeals have been dismissed as he and his representative withdrew all issues on appeal prior to the scheduling of a hearing.

An effective date of December 13, 2016, but no earlier, for a 40 percent disability rating for peripheral nerve residuals with muscle atrophy status post shrapnel wound, right hand is granted.

The Board denied service connection for the Veteran's pre-existing bilateral eye disorder because new and relevant evidence was not received to readjudicate the claim.

The Veteran's peripheral nerve condition of the right and left lower extremities is granted as service connected due to herbicide exposure during service.

The Veteran's claim for payment or reimbursement of non-VA treatment from November 17, 2017 to November 21, 2017 at Anna Jacques Hospital is denied as the claims were not filed within the required 90-day period.

The appeal for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is dismissed due to the Veteran's death.

The Veteran's service-connected psychiatric disability, characterized as other specified trauma- and stressor-related disorder, has resulted in no worse than occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks. As such, an initial rating in excess of 30 percent is denied.

The Veteran's trigeminal neuralgia was granted a 30 percent disability rating prior to July 26, 2021. Effective dates for service connection with increased ratings for left and right upper extremity diabetic peripheral neuropathy were denied.

The Board has decided that the file is incomplete and there are legal issues with the notifications, as well as a pre-decisional duty to assist error. The case is being remanded for these reasons.

The Board has remanded the case due to an inadequate medical opinion regarding the etiology of the Veteran's foot fungus. A new VA examiner is required to provide a more detailed and comprehensive analysis.

The VA Debt Management Center granted a waiver of recovery for the overpayment of VA survivors pension benefits, and thus the appeal is dismissed.