Other conditions decisions — 2022

The Board has remanded the claims of nonservice-connected VA survivor's pension benefits and special monthly pension based on the need for aid and attendance due to incomplete information regarding medical and caregiver expenses. The Appellant is required to provide receipts from her pharmacies and evidence showing the amounts paid to her caregivers.

The Board has decided that the Veteran's claim for nonservice-connected pension benefits should be remanded due to incomplete personnel records.

The Board has remanded the case due to a lack of adequate statement of reasons or bases addressing whether the July 2013 VA examination was adequate for rating purposes. The Veteran's appeal is now on hold until further medical opinions are provided regarding the severity of his service-connected right elbow sprain prior to April 20, 2017.

The appeal regarding the Veteran's cause of death is dismissed due to his death, and no jurisdiction remains for the Board to adjudicate the merits.

The Board has granted a waiver of recovery for an overpayment of $15,168.20 in educational assistance benefits under the Post-9/11 GI Bill due to administrative error and found that recovery would be against equity and good conscience.

The Board denied the Veteran's claim for service connection for paroxysmal atrial fibrillation and tachy-brady syndrome, finding that there was no evidence linking these conditions to his active service or any service-connected disability.

The Board denied the Veteran's claim for service connection for a heart disability other than CAD or ischemic heart disease, including atrial fibrillation, finding that it was less likely than not caused by his service-connected CAD.

The Veteran's service connection claim for a skin condition of the bilateral feet is granted as his current disability was incurred in service and etiologically related to his military service.

The Veteran's claim for an initial disability rating in excess of 10 percent for residuals of a right proximal tibia fracture is denied. The Board found the evidence did not support higher ratings under applicable diagnostic codes, and there was no indication of unemployability due to service-connected disabilities.

The Veteran's eligibility for copay exemption in the VA healthcare system was changed from exempt to required due to his income exceeding the threshold. The Board denied the claim as his total income exceeded the means test threshold.

The Board has granted service connection for squamous cell carcinoma of the oropharynx and base of the tongue, finding that it is etiologically related to the Veteran's service-connected posttraumatic stress disorder (PTSD) with tobacco and alcohol use disorders.

The Board has remanded the case due to the need for additional development, including obtaining an addendum opinion regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected bilateral knee disability or left wrist disability.

The Veteran's claim for service connection for a dental condition for treatment purposes is remanded due to an error in the initial adjudication. The issue must be referred to VHA for an initial determination regarding eligibility under 38 C.F.R. § 17.161.

The Board dismissed the appeal because the Veteran requested to withdraw it, stating that all indebtedness has been satisfied.

The Board denied both the termination of death pension and service connection for the cause of the Veteran's death. The Veteran was not exposed to Agent Orange or herbicides during his service, and there is no evidence linking his malignant neoplasm of the stomach to his active-duty service.

The Board denied a rating in excess of 40 percent for spinal stenosis status/post laminectomy with IVDS, as the evidence did not show unfavorable ankylosis or incapacitating episodes meeting the criteria for such.

The Veteran's cause of death, metastatic esophageal cancer, is not related to his active duty service, including acknowledged exposure to contaminated water at Camp Lejeune. The Board finds the October 2021 negative nexus opinion more persuasive and affords it more probative weight.

The Veteran's previously awarded 10% disability rating for service-connected residuals of a gunshot wound to the abdomen was restored, effective May 11, 1983.

The Board denied the Veteran's claim for nonservice-connected pension with special monthly pension due to countable income exceeding the applicable maximum annual pension rate (MAPR) for a Veteran with two dependents at the aid and attendance rate.

The Board denied service connection for a bilateral eye disorder, finding no evidence of current disability related to an in-service injury or disease.,The Board also denied service connection for a bilateral foot disorder, concluding that the pre-existing pes planus was not aggravated during service.