Other conditions decisions — 2023

The Board has decided to remand the case due to a duty to assist error, specifically failing to provide a VA examination in connection with the Veteran's claim for service connection of a left diaphragm disorder. The examiner is requested to determine if any current diaphragm disorders are related to the Veteran's military service.

An overpayment of $13,174.84 was properly created due to an error in payment distribution by VA, and the appeal is denied.

The Board has dismissed the appeals for nonservice-connected pension benefits and waiver of recovery of overpayment of VA pension benefits due to the Veteran's death.

The Veteran's former attorney has withdrawn the appeal of his eligibility to receive direct payment of attorney fees based on past-due benefits awarded in an April 2023 dependency decision. The Board dismissed the appeal as a result.

The Board denied the Veteran's claims for service connection for pulmonary vascular disease and primary (AL) amyloidosis, finding no current diagnosis of either condition and insufficient evidence to link them to service or exposure to herbicide agents.

The Veteran's essential thrombocythemia is not attributable to service, and the Board denied his claim for service connection.

The Veteran's overpayment claim is being remanded due to a potential administrative error by VA. The AOJ must review the creation of the debt and provide guidance on how to appeal or request further review.

The Board has remanded the case for further development, including obtaining a new VA examination to determine if the Veteran's skin lesions are related to service. The claims for service connection for skin tags and skin lesions (including basal and squamous cell carcinomas) remain pending.

The Board has remanded the case due to errors in assessing the Veteran's service-connected PAD and for additional development of his VA Form 21-8940. The effective dates for the awards of service connection for bilateral PAD remain denied.

The Veteran's application for PCAFC benefits was denied as he does not have a serious injury incurred on or after September 11, 2011. The application was received in August 2020, prior to the October 1, 2020, expanded eligibility date.

The appellant's eligibility for Dependents' Educational Assistance (DEA) benefits was denied because she turned 26 years old before her father's death, making her ineligible under VA regulations.

The Veteran's service is not during a period of qualifying wartime service, so they are not eligible for nonservice-connected pension benefits.

The Board dismissed the appeal as it does not have jurisdiction to review the claims for payment of non-VA medical services provided by Dr. Phillips Hospital on May 3, 2019.

The Board denied a rating in excess of 30 percent for ulcerative colitis, finding that the evidence did not show severe symptoms with numerous attacks and malnutrition during remissions.

The VA improperly referred the correct fiduciary debt amount to the Treasury Offset Program (TOP). The original amount was $10,247.43 and it should have been reduced to $2,081.67. As a result, the claim is granted.

The Board has decided that the Veteran is not eligible for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) due to a lack of evidence showing he requires personal care services, supervision or protection. The decision is being remanded to obtain a new medical opinion and provide notice.

The Board has denied initial compensable ratings for right hip limitation of extension, flexion, and thigh impairment. The case is remanded to consider a total disability based on individual unemployability (TDIU).

The Board has determined that an effective date prior to July 26, 2019 for the grant of service connection for chronic right orchialgia is not warranted. The Veteran's claim was received on July 26, 2019 and a noncompensable rating was granted at that time. The Board has also remanded the issues of entitlement to an initial compensable rating for chronic right orchialgia and SMC for loss of a creative organ due to duty-to-assist errors.

The Veteran's annual clothing allowance for the year 2020 was granted and therefore, the appeal is dismissed.

The Board has dismissed the appeal seeking recognition of M. as the Veteran's dependent spouse for VA purposes due to a procedural defect in how the appeal was filed and docketed.