Other conditions decisions — 2022

The Board has determined that the reduction of the rating for other specified trauma and stress related disorder from 30 percent disabling to noncompensable, effective October 1, 2020, was improper and is void ab initio. The Veteran's claim for an increased rating for other specified trauma and stress related disorder is remanded.

The Board has decided to remand the case due to a duty to assist error, requiring a VA examination to determine if the Veteran's trigeminal neuralgia is related to his service.

The Board has remanded the cases for further development and readjudication due to issues being intertwined with other claims. The effective dates for SMC based on housebound criteria and aid and attendance criteria are under review.

The Board has determined that the decision denying eligibility for PCAFC benefits is not supported by adequate and sufficient reasons or evidence, and thus remands the case to provide a clinical opinion on whether the Veteran requires personal care services based on need for supervision, protection, instruction, or inability to perform activities of daily living. The VA must also ensure proper notice has been provided as required by law.

The Board has granted service connection for the Veteran's left hip disability, finding that it is proximately due to an injury in service.

The Veteran is seeking compensation for additional penile disabilities allegedly caused by an unauthorized surgery in December 2012. The Board has determined that the case requires further development to address consent and scope of procedures performed during the surgery.

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 payment for medical services provided on March 28, 2020.

The Board denied the Veteran's challenges to the overpayment of $6,664.71 for travel expenses related to a VA medical examination and remanded his waiver claim.

The Veteran's claim for a compensable evaluation for his service-connected right femoral nerve impairment is being remanded due to the failure to obtain all relevant private treatment records.

The Veteran withdrew their appeal regarding the costs of a tutor, and the Board dismissed the case as a result.

The Board is remanding the case to determine if a TDIU rating prior to May 12, 2009 should be granted due to service-connected disabilities.

The Veteran requested withdrawal of his appeal, and the Board dismissed it as a result.

The Veteran's appeal to service connect metastatic neuroendocrine tumor pancreatic (adenocarcinoma) was withdrawn by his attorney, thus the issue is dismissed.

The Veteran's appeal for apportioning his VA benefits to his spouse is dismissed as he lacks standing and the current claim period does not involve any overpayment or waiver of debt issues.

The Board has remanded the case due to conflicting evidence regarding the Veteran's marital history and the appellant's claim as his surviving spouse for purposes of dependency and indemnity compensation (DIC) benefits.

The claim for reimbursement of beneficiary travel expenses for January 25, 2021 was granted by the VA in October 2022 and thus has been rendered moot.

The Board has determined that the initial decision denying PCAFC eligibility was based on incorrect legal standards and remands the case for a proper evaluation under the correct statutory criteria. The Veteran's eligibility will be re-evaluated using the updated standard, which includes consideration of his need for supervision, protection, or instruction.

The appeal for payment of the cost of non-VA medical services provided at Andalusia Regional Hospital on July 17, 2018, has been dismissed due to administrative approval.

The Veteran's gastritis, duodenitis and hiatal hernia have been rated at a 30 percent since January 10, 2019. The rating is granted.

The Board denied a rating in excess of 60 percent for unstable angina, finding that the Veteran's condition did not meet the criteria for a higher rating based on symptoms such as chronic congestive heart failure or left ventricular dysfunction with an ejection fraction less than 30 percent.