Other conditions decisions — 2022

The Veteran's service-connected schizoaffective disorder does not meet the criteria for special monthly pension or compensation based on need for regular aid and attendance due to his ability to live independently.

The Veteran's left eye iritis, diagnosed as a result of the January 2002 VA cataract extraction with lens insertion, is considered a qualifying additional disability under 38 U.S.C. § 1151 and has been granted compensation.

For the period prior to October 3, 2022, a 30 percent evaluation for bilateral spontaneous pneumothorax is granted. For the period from October 3, 2022, no higher than 30 percent evaluation is granted.

The Board denied the Veteran's claim for service connection for gastric cancer, finding that there was no evidence linking his condition to his exposure at Camp Lejeune or any other in-service event. The medical opinions provided were not supportive of a link between the Veteran's current condition and his presumed exposure.

The appeal was dismissed because the appellant requested to withdraw his appeal.

The Veteran's nerve damage, reflex sympathetic dystrophy, and mild flexor tendonitis following cryotherapy treatment were found to be a qualifying additional disability due to the lack of proper informed consent provided by VA. As such, he is granted benefits under 38 U.S.C. § 1151.

The Board has granted service connection for right foot gout and left foot gout as secondary to type II diabetes mellitus. The appeal regarding the right hand disability and left hand disability is remanded due to duty-to-assist errors.

The Veteran's appeal for payment of medical expenses incurred on April 6, 2019, from BCFR was denied because the record did not establish that the Veteran or the provider of emergency treatment had exhausted all claims and remedies against a third party for payment.

The Board has remanded the case due to a need for a new VA examination to assess the severity of the Veteran's right leg shin splints, as the current rating criteria have been amended.

The Veteran's claim for payment or reimbursement of non-VA medical expenses incurred on March 31, 2020 is remanded due to a pre-decisional duty to assist error. The AOJ must obtain and associate with the claims file any relevant records for the Veteran's original claim or claim(s), including copies of his claim(s) for payment of the episode of care on March 31, 2020, and all reports of his income and financial status for the calendar year 2020. The AOJ must also associate all evidence considered in connection with the claim for payment of the cost of non-VA medical services provided to the Veteran for the episode of care on March 31, 2020.

The Board has decided to remand the Veteran's claims due to missing records and lack of proper notification regarding his dependent spouse, L.M.J. The AOJ needs to review these issues again.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's right elbow strain disability, as the current condition is not linked to his active-duty service.

The Board has determined that the Appellant's net worth and annual countable income do not exceed the regulatory limits for pension benefits, specifically VA survivor's pension with special monthly pension for aid and attendance. The appeal is granted.

The Board has determined that new evidence received since the October 2017 rating decision warrants readjudication of the Veteran's claim for service connection for left hip joint replacement. The AOJ failed to address whether the Veteran's current condition is related to his service-connected bilateral foot conditions or if it was incurred during combat in Vietnam.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful employment from March 10, 2021. The Board granted TDIU effective that date.

The Veteran's appeal to recognize her parent, O.S., as a dependent was withdrawn and the claim has been granted by the RO.

The Veteran's nerve damage, right hand claim is being remanded for further evaluation and clarification of the relationship between his service-connected condition and the current issue.

The Veteran's claim for PCAFC benefits was denied as he did not meet the eligibility criteria due to his service being prior to September 11, 2011 and living outside of the United States.

The Board has granted a reduction in the amount of apportionment to R.M.B. for herself and her children, S.B. and K.B., based on financial hardship, reducing it to the amount of additional dependent benefits the Veteran receives.

The Veteran's claims for service connection for a stomach disability and an initial rating in excess of 10 percent for thoracolumbar spine strain are being remanded due to the need for additional examinations, updated medical records, and consideration.