Other conditions decisions — 2023

The Board has determined that the July 2021 decision on eligibility for VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) is legally inadequate and requires further development. The Veteran was not provided adequate notice regarding the basis for the denial, and a new medical determination from the Centralized Eligibility and Appeals Team (CEAT) is needed to address his need for personal care services.

The Board denied the Veteran's claim for service connection for right nephrectomy residuals, finding that the surgery was elective and not related to a disease or injury in service. The Veteran is already service-connected for end-stage kidney disease.

The Veteran's bilateral eye disability, including dry eye syndrome and bilateral keratoconjunctivitis sicca following LASIK surgery, is granted as service-connected.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Veteran's somatic symptom disorder with predominant pain is rated at 10 percent since March 2012, and the Board finds that this rating adequately reflects his symptoms.

The Veteran's claim for ambulance expenses incurred on July 26, 2020 is being remanded due to a lack of adequate notice and the need to correct pre-decisional duties to assist. The Veteran must provide information regarding his income and medical expenses.

The Board has decided to remand the case due to errors in the August 2021 decision, including inadequate opinions regarding whether the Veteran's eye conditions were aggravated during service and whether his bilateral pseudophakia is related to service.

The Veteran's claim for service connection for dilated cardiomyopathy related to his service-connected hypertension was denied, and the Board found that the effective date should be December 25, 2021, as this is when entitlement arose.

The Veteran's service connection claims for colon and liver cancer are granted. The Board found that the evidence is at least in equipoise as to whether the Veteran's diagnosed conditions were caused by his active service, including exposure to asbestos while serving as a machinist mate.

The Board has determined that the Veteran's discharge from service was not under dishonorable conditions due to willful and persistent misconduct, thus his character of discharge is not a bar to VA benefits.

The Veteran's bladder condition/chronic UTI is remanded for further evaluation due to a duty-to-assist error.

The Board denied the Veteran's claim for service connection for adult acute monoblastic leukemia (AML) as there was no evidence showing that his AML had onset in or was aggravated during service, and the current condition is not related to any incident of service origin.

The Board has decided to remand the case due to a duty to assist error, specifically failing to provide a VA examination on the etiology of conjunctivitis and pink palpebral conjunctiva. The Veteran's service connection claim is being remanded for further development including scheduling a VA examination considering his presumed toxic exposure risk activities (TERA).

The Board denied the appellant's claim for VA benefits due to his character of discharge from service, which was OTH (Under Other Than Honorable) and based on willful and persistent misconduct. The appeal is dismissed as there are no issues related to service connection.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of a bed sore is remanded due to the need for an addendum medical opinion regarding VA care received during his hospitalization.

The Board has remanded the case for a correction of an error by the agency of original jurisdiction (AOJ) in satisfying a regulatory or statutory duty, specifically providing notice of the Veteran's right to a hearing before the RO.

The Veteran's appeal for eligibility to benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is remanded due to inadequate notification and a legally insufficient medical determination. The decision will be reconsidered with proper legal standards applied.

The Veteran's service-connected left and right shin splints have been granted a 10 percent disability rating, but no higher. The ratings are effective as of December 15, 2017.

The Board denied the Veteran's claim for service connection for cysts on his liver because the new evidence submitted did not prove or disprove that the cysts were related to his military service.

The Board has remanded the case due to an error in denying service connection for bilateral cataracts as secondary to diabetes mellitus type II. The Veteran's current disability of bilateral cataracts is linked to his service-connected diabetes mellitus type II.