Other conditions decisions — 2022

The Veteran's claim for an increased rating for otitis media/externa is remanded due to the need for a new VA examination.

The Board denied service connection for right Achilles tendonitis as there is no current disability and the Veteran's statements are not credible.

The Board denied the Veteran's claim for service connection for a dental disability for compensation purposes, finding that there is no evidence of in-service trauma or disease such as osteomyelitis resulting in his missing teeth. The Veteran's STRs and post-service records do not show any specific in-service dental trauma.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to October 17, 2018. The matter is referred to the Director of Compensation Service for consideration.

The Veteran's service-connected disabilities have been rated and granted increased ratings for limitation of flexion and extension of the left leg, effective October 13, 2011.

The Veteran's cause of death was not related to military service, including exposure to asbestos. The Board denied the claim for service connection for the cause of the Veteran's death and denied DIC under 38 U.S.C. § 1318.

The Veteran's son, the appellant, seeks retroactive DEA benefits for educational expenses from September 2002 through June 2006 and September 2009 through March 2011. The Board denied this claim as the appellant did not file a claim within one year of being notified that he was eligible for DEA benefits.

The Veteran's unauthorized medical expenses for treatment at ASMC from June 18, 2017 to June 22, 2017 are granted as the treatment was related to alcohol withdrawal symptoms and a prudent layperson would have reasonably expected that delay in seeking immediate medical attention could result in serious health jeopardy.

The Board dismissed the appeals for service connection of tremors and dysphagia, as well as any related secondary claims due to the Veteran's death.

The Board denied the Veteran's claim for service connection for liver condition, finding that there is no probative evidence of record establishing a link between his current liver condition and his military service.

The Board has determined that the eligibility decision for PCAFC benefits is not based on valid legal criteria and requires further review. The Veteran's need for personal care services due to a lack of supervision, protection, or instruction was denied under invalid legal standards. The Board will remand the case for proper consideration.

The appeals for eligibility to the direct payment of additional attorney fees based on past-due benefits awarded in May and January 2020 rating decisions have been dismissed due to the appellant's request for withdrawal.

The Board has granted an effective date of August 7, 2017 for the award of Dependency and Indemnity Compensation (DIC) based on the Appellant's timely submission of a complete application form within one year of her initial incomplete submission.

The Board has decided to remand the case due to duty-to-assist errors, and will need a new VA examination to determine if the Veteran's pancreatic cancer is related to his service-connected diabetes mellitus or his confirmed in-service exposure to Agent Orange.

The Veteran's squamous cell carcinoma is granted as service connected due to prolonged sun exposure during military service, with no evidence of Agent Orange exposure being considered for service connection.

The Board denied recognition as a surviving spouse for the purpose of receiving VA death pension benefits due to separation from the Veteran, which was not due to the Veteran's misconduct and without fault of the Appellant.

The appeal regarding an increased rating for stroke residuals has been dismissed due to the appellant's death.

The Board has granted service connection for trouble breathing from the left nostril, finding that it is related to the Veteran's service-connected TMJ with bruxism. The issue of entitlement to service connection for droopy left eye remains pending and will require further examination and opinion.

The Board has decided that the file is incomplete and notifications are legally inadequate under 38 U.S.C. § 5104, necessitating a remand to provide proper notice of the decision.

The Board dismissed the appeal because the Veteran died during the pendency of the case.