Other conditions decisions — 2023

The Board has found a pre-decisional duty to assist error and requires a new medical determination considering all medical information of record.

The Veteran's claim for an initial compensable disability rating for emphysema is remanded due to the need for additional medical records and a VA examination.

The appeal was dismissed because the appellant requested to withdraw her appeal.

The Board has determined that new and relevant evidence has been received to readjudicate the claim for service connection for a right eye disability. The case is now remanded for an addendum opinion from a VA examiner.

The Board has remanded the case due to a lack of an examination regarding whether the Veteran's right foot condition, including numbness and loss of balance, is related to herbicide exposure during service. The Veteran was exposed to herbicides in Vietnam.

The Veteran is seeking prescription reimbursement for non-VA treatment he received on March 5, 2023. The Board has determined that the current record does not contain sufficient information to make a determination regarding his eligibility for payment or reimbursement of his non-VA emergency prescriptions. The AOJ must provide the Veteran with complete notice of the decision as required by 38 U.S.C. § 5104, including identification of whether or not he meets each of the criteria necessary for payment under relevant VA regulations.

The Board has determined that there is a need for additional medical opinions to determine the nature and etiology of the Veteran's left foot conditions, including whether they are related to service or aggravated by his knee disabilities.

The Veteran's left varicocele is rated at a 10 percent rating, effective from the date of this decision.

The Board has remanded the case due to a failure to provide a VA examination for service connection of a spleen disorder, which may be related to an in-service incident.

The Board denied the Veteran's claim for an effective date prior to August 10, 2022 for the award of service connection for atherosclerotic cardiovascular disease with congestive heart failure due to insufficient evidence showing exposure to herbicide agents during service or any other basis for service connection.

The Veteran's claims for increased ratings for his right and left leg hamstrings, as well as a compensable rating for his bilateral leg scars, were denied. The Board found that the evidence did not support higher ratings based on the current clinical findings.

The Board dismissed the appeal as to service connection for a bilateral eye condition because the appellant requested withdrawal of the appeal prior to the decision being made.

The Board has determined that there is a need for further action due to the lack of a VA medical opinion regarding whether the Veteran's service-connected disabilities contributed to his cause of death. The case is being remanded for this purpose.

The Veteran's death is found to be related to or attributable to his military service, including as due to service-connected right nephrectomy and left pyelonephritis. The Board granted the claim for service connection for the cause of the Veteran's death.

The Board found that the accounting of withholding VA disability compensation benefits to offset a tort claim settlement was proper and denied the appeal.

The Board dismissed the appeal because the appellant withdrew it before a decision was made.

The Board has granted the Veteran's claim for service connection for squamous cell carcinoma of the skin of the face, finding that it is at least as likely as not related to his presumed exposure to herbicide agents during active duty.

The Board has decided to remand the eligibility for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) due to pre-decisional errors in the medical opinion and insufficient notice. The Veteran's eligibility will be evaluated under the correct statutory criteria, and a new VA opinion is required.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance was granted effective February 22, 2019. The Board found that an earlier effective date is not warranted as no prior claims were received.

The Board dismissed the claim for payment or reimbursement of non-VA medical services provided by the appellant on December 9, 2019 because it was already authorized through the Veterans Community Care Program (VCCP).