Other conditions decisions — 2022

The Veteran's death was not service-connected, and he did not have any pending claims for benefits at the time of his death. Therefore, burial benefits were denied.

The appeal for a survivor's special monthly pension based on the need or aid and attendance was dismissed due to the appellant's death.

The Board has determined that the RO's decision to terminate VA compensation benefits based on fugitive felon status was improper due to a pre-decisional duty to assist error. The Veteran should be provided with any relevant records related to his arrest, including the warrant and any NCIC offense code.

The Board has determined that the Veteran was likely exposed to herbicide agents in Korea and his soft tissue sarcoma is presumptively linked to this exposure, thus granting service connection.

The Board has determined that the Veteran's chronic lymphocytic leukemia is not service-connected, as there is no evidence of in-service exposure to herbicide agents or any other causative event.

The Board has decided that the Veteran's application for PCAFC benefits was denied. The decision is being remanded to provide proper notice as required by law.

The Board has remanded the case due to insufficient discussion of whether the Veteran meets criteria for a higher rating based on his symptoms, including anger and memory issues.

The Board has remanded the Veteran's claims for service connection for colon cancer and non-Hodgkin's lymphoma due to a duty-to-assist error. The Veteran contends his conditions are related to exposure to hazardous chemicals during service, including from a plane crash and contamination of wells with hazardous chemicals.

The Board has decided to remand the case due to a duty-to-assist error and needs additional medical opinions regarding the etiology of the Veteran's arthritis.

The Board denied eligibility for additional attorney fees based on past-due benefits awarded in the August 2021 rating decision, as the calculations were correct and no further fees are warranted.

The Board found that the overpayment of VA dependency benefits was valid due to the Veteran's continued acceptance of benefits for his son M.W. despite knowing he should not have been receiving them.

The Board has determined that the Veteran's cause of death, which was pulmonary embolism and idiopathic pulmonary fibrosis, is at least as likely as not related to his active service. Therefore, service connection for the Veteran's cause of death is granted.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's claimed dermatomyositis disability, as there are pre-decisional duties to assist error.

The Board has denied the Veteran's claims for service connection for essential tremor of the left and right upper extremities, finding no nexus to military service or herbicide exposure.

The Board denied the claim for an earlier effective date for aid and attendance allowance, finding that the application was not submitted prior to September 10, 2021.

The Board has determined that the PCAFC eligibility decision is based on a misinterpretation of the regulations and remands the case for reevaluation under the correct criteria.

The Veteran's claim for a Level 2 stipend under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to a pre-decisional error in notification and a need to re-evaluate eligibility based on updated criteria.

The Veteran's appeal for service connection for colon cancer secondary to chemical exposure/firefighter foam has been dismissed due to the death of the Veteran. The Board does not have jurisdiction to adjudicate this claim as the appellant is deceased.

The Veteran's surviving spouse is not eligible for Dependency and Indemnity Compensation (DIC) benefits because the marriage occurred more than 15 years after the Veteran's separation from service, there were no children born to them, and the duration of their marriage was less than one year prior to the Veteran's death.

The Board has determined that the Veteran's deviated septum, which manifested during service and continued to cause symptoms thereafter, is related to his military service. As a result, the claim for service connection for deviated septum is granted.