Other conditions decisions — 2023

The Veteran's claim for retroactive CRDP compensation payments is remanded due to a lack of documentation showing when the payments were made and whether he received them.

The Board has remanded the case due to a pre-decisional error in not obtaining a new VA examination regarding the Veteran's squamous cell carcinoma (SCC) of the lip, specifically related to in-service sun exposure and/or conceded in-service exposure to herbicide agents.

The Veteran's claim for reimbursement or payment of medical services provided by American Medical Response Mid-Atlantic (AMR) on July 28, 2020 is being remanded due to incomplete records and jurisdictional issues. The Board cannot determine eligibility for referral to a CCN under 38 U.S.C. § 1703 or eligibility for payment under a Veterans Care Agreement.

The Board has determined that there was a duty-to-assist error and the case is being remanded for an adequate medical decision regarding eligibility for PCAFC benefits.

The Veteran's neuropathic pain from left cheek cyst removal was not caused by VA carelessness, negligence, or fault. The Board found no evidence to support the claim for compensation under 38 U.S.C. § 1151.

The Veteran's appeal for an initial disability rating in excess of 30 percent for coronary artery disease (CAD) was denied. The Board found no clear and unmistakable error in the June 9, 2017 decision.

The Veteran's application for PCAFC benefits was remanded due to inadequate notification and a pre-decisional duty to assist error. The case is now on hold until these issues are addressed.

The Board has determined that the Veteran's death was caused by his underlying conditions of multiple myeloma and amyloidosis, which are at least in equipoise with exposure to benzene during service. The claim for service connection for cause of death is granted.

The Board has found that new and relevant evidence has been received for the claims of service connection for grinding teeth and appendicitis, warranting readjudication. The claims are being REMANDED to allow for further development and consideration.

The Board has determined that the overpayment of VA additional compensation benefits was not properly created due to a failure by the AOJ to remove the Veteran's spouse from his award, and thus grants the appeal.

The Board has determined that new and relevant evidence has been presented to warrant readjudication of the previously denied claim for a TDIU. The AOJ will consider any additional evidence when the claim is readjudicated.

The Board dismissed the appeal because the appellant requested to withdraw their appeal prior to a decision being made.

The Veteran's cause of death is service-connected, and the appellant is recognized as his surviving spouse for DIC benefits.

The Board denied the Appellant's claim to be recognized as the Veteran's surviving spouse for VA pension benefits due to a lack of continuous cohabitation from the date of marriage until the Veteran's death.

The Veteran's non-Hodgkin's lymphoma is related to his active military service, specifically exposure to solvents during service. The Board has granted the claim for service connection.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation during the appeal period, and therefore his claim for TDIU is denied.

The Board has determined that there was a pre-decisional duty to assist error and the case is being remanded for an adequate medical decision regarding eligibility for PCAFC benefits.

The Veteran withdrew his appeal regarding the discontinuance of basic eligibility to Dependents Educational Assistance, reduction in evaluation for degenerative disc disease, and discontinuance of entitlement to individual unemployability. The appeal is dismissed.

The Veteran's attorney has withdrawn the appeal, so there are no issues left for consideration by the Board.

The Board has found that the RO committed a pre-decisional duty to assist error by not considering the Veteran's submitted birth certificate and VA Form 21-509. The appeal is remanded for further adjudication.