Other conditions decisions — 2023

The Veteran's service was not considered to be during a period of war, thus denying his claim for nonservice-connected pension benefits.

The Veteran's dementia is related to his active service and the Board has granted service connection for this condition.

The Board dismissed the appeal because VA did not make a determination denying the benefits sought by the appellant, and instead provided instructions on how to submit the claim.

The Board found no misuse of the Veteran's VA funds by his fiduciary A.S., but the decision is remanded due to a pre-decisional error in not conducting an accounting or audit.

The Board has granted the Veteran's claim for service connection for coccidioidomycosis (Valley Fever), finding that it is related to his military service.

The Board has granted service connection for right hip strain and left hip strain, both secondary to the Veteran's service-connected right ankle strain with degenerative joint disease and/or lumbosacral strain.

The Veteran's eligibility for benefits under the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) was dismissed due to his death prior to final approval and designation.

The Board dismissed the appeal as the appellant requested withdrawal due to lack of financial need for apportionment of disability compensation during incarceration.

The Veteran's service-connected boils are rated at a noncompensable level, but the Board has granted an initial compensable rating of 10% based on intermittent systemic therapy for less than six weeks during the past year.

The Board has granted service connection for chronic lymphocytic leukemia with an effective date of August 28, 2018. The Veteran's claim was filed on that day and the decision is based on direct evidence rather than a presumption or exposure.

The Board has determined that the decision on eligibility for PCAFC benefits is legally inadequate and there was a pre-decisional duty to assist error. The case is being remanded to provide proper notice under section 5104 of the U.S.C., and to obtain an adequate medical opinion from the CEAT regarding the Veteran's need for personal care services.

The Board has granted service connection for the Veteran's acute myeloid leukemia, finding that his exposure to Agent Orange during service is at least in equipoise with his claim.

The Veteran's left shin splints were denied a compensable rating, with the Board finding that his condition did not meet or approximate the criteria for a compensable evaluation under DC 5262.,The Veteran's right shin splints are remanded due to a duty-to-assist error in failing to consider VA treatment records suggesting possible right ankle disability.

The Veteran's insomnia is caused by his service-connected low back and cervical spine disabilities.,The Veteran does not have chronic fatigue syndrome (CFS), but his fatigue is a symptom of his now service-connected insomnia. The Board finds that the Veteran's ED cannot be separately service connected.

The Board is remanding the case due to errors in creating the overpayment and potential invalidity of the debt, including issues related to the Veteran's marital status, his helpless child, and retroactive benefits from CRDP.

The Veteran's death was not caused by a service-connected disability, and the Appellant did not meet the requirements for DIC under 38 U.S.C. § 1318.

The appeal was dismissed due to the appellant's death, and no final decision can be made.

The Veteran's request for a waiver of recovery of an overpayment of VA education benefits under the Post-9/11 GI Bill was timely filed, and to this extent, the appeal is granted.

The Veteran's overpayment of compensation benefits is being remanded for an audit to determine the validity of the debt, considering his allegation that he was incorrectly assigned a fugitive felon status during periods where he was incarcerated and entitled to a 10% rating.

The Board has decided to remand the case due to a duty to assist error. The Veteran's right index finger disability is being reviewed again for proper service connection.