Other conditions decisions — 2023

The Veteran's service-connected left hip bursitis did not result in a compensable rating for limitation of flexion or abduction, adduction, or external rotation during the appeal period.

The Veteran's claim for service connection for generalized anxiety disorder was granted with an effective date of January 16, 1978. The previous rating decision that assigned a March 20, 1992, effective date is being revised due to CUE.

The Board has granted service connection for residuals of hypospadias surgery, including chronic penile pain, tingling, and tenderness. The Veteran's symptoms are related to the in-service surgery.

The Veteran's son, E., is seeking recognition as the helpless child of his father due to permanent incapacity for self-support prior to reaching age 18. The Board has found a pre-decisional error in not obtaining Social Security Administration (SSA) records that may be relevant to this claim and orders their retrieval.

The Veteran's acute myelogenous leukemia is granted as service connected due to in-service herbicide exposure, with the Board finding that his condition was likely caused by this exposure.

The Veteran's appeal for a total disability rating based on individual unemployability has been withdrawn by the appellant's attorney, and thus the case is dismissed.

The Board has granted service connection for shin splints of the right leg, shin splints of the left leg, and chronic venous insufficiency and chronic phlebitis of the right leg. Service connection was denied for chronic venous insufficiency of the left leg.

The Board has determined that the appeal is dismissed because the expenses related to non-VA medical services provided by Aegis Science Corporation on December 4, 2019, have been recognized as payable by a third-party administrator (TriWest).

The Veteran's claim for payment or reimbursement of ambulance expenses incurred on June 9, 2022 is being remanded due to a potential error in the original decision. The appeal will be reconsidered under the provisions of 38 U.S.C. § 1725 and 38 C.F.R. §§ 17.1000-1008, which allow for reimbursement of ambulance services provided at non-VA facilities.

The Board denied the claim for accrued benefits as reimbursement of last expenses at an ALF, finding that the appellant did not pay these expenses from her own funds but rather from the Veteran's account. The decision also noted that the appellant is not a child or dependent relative eligible to receive such benefits.

The Board has decided to remand the case due to a duty to assist error and insufficient medical opinion regarding service connection for chronic lymphocytic leukemia. The Veteran's exposure to aviation fuels, including benzene, during his naval service is acknowledged, but an adequate medical opinion linking the leukemia to this exposure is needed.

The Board has decided to remand the case due to incomplete verification of service and a need for additional Line of Duty (LOD) determinations. The Veteran's claim will be reconsidered with these new pieces of information.

The Veteran's eligibility for PCAFC benefits is being remanded due to inadequate notice in the initial decision, and the need for supervision, protection, or instruction must be evaluated under the correct statutory criteria.

The Veteran withdrew his appeal for a restoration of a 100 percent rating for follicular lymphoma (a Non-Hodgkin's lymphoma). The Board dismissed the appeal as a result.

The Veteran's appeal for PCAFC benefits was dismissed as a matter of law due to his death, and there is no potential avenue by which eligibility could be granted either as accrued benefits or with the appellant as an initial claimant.

The Veteran's request for a higher processing speed laptop and change of major from psychology to network administration/computer security and information security were denied due to lack of approval and unsatisfactory academic performance.

The Board has determined that the termination of survivor's pension benefits was proper as of February 1, 2019. The appeal is now remanded to determine if the appellant should be entitled to reinstatement of survivor's pension benefits from June 2019.

The Board has remanded the Veteran's claims for service connection for eye disabilities as secondary to his service-connected diabetes mellitus, type II due to insufficient medical opinions and a failure to obtain all relevant records.

The Board has denied the Veteran's claims for service connection for aphthous ulcer, irregular menstrual cycle, astigmatism, and a current disability related to s/p laparoscopy/left salpingectomy/right ovarian cystectomy for left ectopic pregnancy, claimed as cervicitis. The evidence of record does not support the presence of these conditions at any point during or recent to the filing of the claim.

The Board has identified a pre-decisional duty to assist error and must remand the issue of compensation under 38 U.S.C. § 1151 for loss of creative organ and nerve damage to groin area due to lack of full informed consent documentation.