Other conditions decisions — 2023

The Veteran's claim for service connection for primary malignant neoplasm of duodenum, claimed as pancreatic intestinal cancer, has been dismissed due to the death of the appellant.

The Veteran withdrew his appeal before the Board could make a decision. As a result, the case is dismissed.

The Board has decided that the file is incomplete, notification letters are legally inadequate under VA regulations, and there was a pre-decisional duty to assist error. The case is being remanded for further action.

The Board has granted service connection for restrictive lung disease as secondary to the Veteran's service-connected right shoulder disability, which was complicated by phrenic nerve injury.

The Board denied service connection for PTSD and other acquired psychiatric disorders, finding no current diagnosis of PTSD and insufficient evidence linking the diagnosed conditions to service.

The Board has determined that the VA decision denying PCAFC benefits was not based on proper legal standards and requires further review by CEAT. The appeal is remanded for a medical opinion regarding the Veteran's need for personal care services, and for compliance with notice requirements.

The Board denied service connection for a left ear condition and granted a 20% rating for low back disability from September 1, 2010 to June 21, 2023. The ratings for radiculopathy of the lower extremities and sphincter impairment were also denied.

The Board denied the Veteran's claim for an effective date earlier than March 5, 2018 for a 10 percent rating for his left thumb disability and also denied his claim for a higher rating.

The Board dismissed the appeal as the full benefit sought on appeal has been allowed due to a prior decision granting waiver of recovery of the overpayment.

The Veteran's appeal for an increased rating in excess of 10 percent for degenerative changes of the first metatarsophalangeal (MTP) joints of both feet is dismissed as a matter of law.

The Board has determined that the Veteran's death was caused by his exposure to Agent Orange during service, and this exposure is presumed. The cause of death was cardiac arrhythmia due to hyperlipidemia, which the Board finds is related to Agent Orange exposure.

The Veteran's bowel incontinence, status post-surgery, is rated at 30 percent effective September 28, 2014. A temporary total rating was granted from February 11, 2015 to May 1, 2015.

The appeal for reimbursement of third-party medical expenses is dismissed due to the lack of necessary documents and cooperation from the Veteran.

The Board has remanded the issue of service connection for a skin disability, including basal cell carcinoma, squamous cell carcinoma, and actinic keratosis due to uncertainty regarding the Veteran's exposure to herbicides or contaminated water during service. The case is returned for further development.

The Veteran's claim for a higher nonservice-connected pension payment rate is remanded due to the need for additional information and review of overpayments incurred during his incarceration.

The Board has remanded the claims for service connection due to exposure to Agent Orange or other chemicals, including brain tumor, skin condition (claimed as excessive sweating), and restless leg syndrome. The claims are being remanded to obtain TERA examinations.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's right hand condition. The appellant and the Veteran reported multiple injuries during service, but there is no documentation in the STRs supporting these claims.

The Veteran's mood disorder was rated at 30% prior to June 29, 2007. From October 9, 2013, the rating increased to 70%. The Board found that for the period prior to October 9, 2013, a 70% disability rating was warranted based on severe depressive symptoms.

The Veteran's claim for an effective date prior to March 17, 2017 for the addition of his spouse as a dependent was denied because VA received complete information about his marriage within one year of the initial notification. The earliest relevant date is June 29, 2012, when he married B., but this did not occur within a year of any prior notifications.

The Veteran's representative withdrew the appeal regarding the overpayment issue, which was dismissed due to the retroactive compensation payment for the amount at issue.