Other conditions decisions — 2022

The Board denied the Veteran's claim for service connection for chronic lymphocytic leukemia, finding no probative medical evidence associating his condition with in-service exposure to fuel, benzene, other chemicals, or asbestos. The Board concluded that there is no reasonable doubt against the Veteran's claim.

The Board has remanded the cases due to a need for further development, including scheduling a VA examination. The issues are related to service connection for speech disability, right leg partial paralysis, and right arm partial paralysis, with the focus on whether these conditions are at least as likely as not proximately due or aggravated by service-connected knee disability.

The Board has determined that new and relevant evidence has been received, but the claim is being remanded due to procedural errors in obtaining a VA examination.

The Board has decided to remand the claim of service connection for chronic diarrhea due to an inadequate medical examination. The Veteran's symptoms and history need further investigation.

The Board denied the Veteran's request to readjudicate their claim for service connection due to lack of new and relevant evidence.

The Veteran's OCD is rated at a 50 percent since April 28, 2022.

The Veteran's acquired mental health disability was granted a 70 percent rating as of December 28, 2012. The condition is not related to service but rather due to PTSD from his Vietnam experiences.

The appeal for increasing the apportionment of the Veteran's disability compensation benefits has been dismissed due to the appellant's withdrawal.

The appellant's claim of entitlement to death pension benefits was granted in full by the AOJ, and she did not contest the amount or effective date. The appeal is dismissed as moot.

The Veteran's adult child, A.G., is not recognized as the helpless child due to a lack of medical evidence showing permanent incapacity for self-support prior to age 18. The AOJ must obtain Tricare records from 1997 to 2000 and any other relevant Department of Defense records.

The Board has decided that the calculation of attorney fees based on past-due benefits awarded in a December 2019 rating decision is incorrect and requires further review to determine the correct amount.

The Board dismissed the appeal as there is no current, justiciable case or controversy with regard to the Veteran's entitlement to additional subsistence allowance payments over which the Board may exercise jurisdiction.

The Board dismissed the appeal as moot due to a full grant of the waiver of overpayment by the Committee on Waivers and Compromises (COWC).

The Board has dismissed the Veteran's appeal for additional compensation for a dependent spouse, S.T., as the appellant and his authorized representative have withdrawn the appeal.

The Board finds that the evidence is insufficient to adjudicate whether the Veteran was entitled to a larger monthly housing allowance for her online courses from June 8, 2020 through August 1, 2020 due to potential in-person course cancellations and conversion to online courses. The decision is remanded to ensure the AOJ satisfied the emergency regulations enacted in response to the COVID-19 pandemic.

The Veteran's death was not the result of willful misconduct and he was receiving or entitled to receive compensation for service-connected disability that was rated as totally disabling for a period of at least 10 years immediately preceding his death. Therefore, entitlement to service connection for cause of death is dismissed as moot. The appeal for basic eligibility to dependents' educational assistance under 38 U.S.C. Chapter 35 is also dismissed as moot.

The Board has remanded the case due to a need for an addendum medical opinion regarding the etiology of the Veteran's right parotid gland mass cancer, which is presumed to be related to herbicide agent exposure during service.

The Veteran's claim for service connection for insomnia is denied, and the Board has remanded his claim for service connection for chest pain due to a lack of relevant medical records.

Your appeal has been dismissed because you requested to withdraw your claims.

The Board has vacated its August 2022 decision denying the Veteran's claim for compensation under 38 U.S.C. § 1151 for urinary dysfunction due to a pre-decisional duty-to-assist error and remanded the matter for further development.