Other conditions decisions — 2023

The Board has decided that a VA examination and medical opinion are needed to determine if the Veteran's kidney condition, including glomerulonephritis, is related to service.

The Board has decided that the notification of the decision was legally inadequate and there is a pre-decisional duty to assist error. The case is being remanded for an adequate medical decision.

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 claim will be evaluated based on the correct statutory criteria for 'need for supervision, protection or instruction' and proper notification will be provided.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his essential tremors and skin disorder. The AOJ will consider additional evidence when readjudicating these claims.

The Veteran's death was not service-connected, and the appellant has already received $828.00 for a plot/interment allowance. The maximum allowable burial benefits are $300.00 for non-service-connected deaths and $700.00 for interment allowances. As such, the appeal is denied.

The Board has decided that the Veteran is eligible for higher-level PCAFC benefits, but the notification provided was legally inadequate. The decision also found that the CEAT's medical review was legally inadequate to support the decision made and therefore remand is needed for an adequate medical decision.

The Board has denied the Veteran's claim for compensation under 38 U.S.C. § 1151 as new and relevant evidence was not received to readjudicate the claim, despite the Veteran suffering a stroke.

The Board has determined that there was an error in the AOJ's handling of the Agent Orange exposure claim and has ordered a remand to obtain further information regarding the Veteran's service in Vietnam. The cause of death is being considered for potential service connection based on presumed exposure to herbicide agents.

The Veteran's application for PCAFC benefits was denied due to lack of eligibility based on the VA Caregiver Program. The Board is remanding the case because the decision did not provide adequate notice and a legally adequate medical opinion.

The Veteran's claims for service connection have been granted for various conditions, including a sinus condition, skin conditions to the face and ears, foot fungus, allergic rhinitis (presumptive), giardia parasitic infection, IBS with chronic constipation and diarrhea, GERD, gastric ulcer, cholecystitis, Hashimoto's thyroiditis, and metabolic liver disease. Secondary service connection for hemorrhoids has also been granted.

The Veteran's pension benefits were denied because his income exceeded the maximum annual pension rate.

The Board denied the Veteran's claim for service connection for ankylosing spondylitis, finding that there was no evidence of a blood transfusion during service and that the condition did not otherwise arise from service.

The Board has decided to remand the case due to incomplete records from Social Security Administration (SSA). The Veteran's TDIU claim will be reconsidered after these records are obtained.

The Board denied service connection for a dental condition for VA compensation purposes, finding no evidence of in-service trauma resulting in loss of substance of the body of the maxilla or mandible due to trauma or disease such as osteomyelitis. The Veteran's only missing teeth were three wisdom teeth extracted during service and do not warrant replacement.

The Board has remanded the claim of service connection for a bone cyst due to insufficient medical opinion regarding its onset and relationship to service.

The Board has decided to remand the case due to a new theory of service connection based on exposure to toxic substances during military service, specifically in the Persian Gulf. The Veteran's genitourinary disorder is being examined for potential relation to his service-connected status as a Persian Gulf Veteran.

The Veteran's stepchild, F., is recognized as a dependent child for VA purposes due to her status as the biological child of the Veteran's wife and her membership in the Veteran's household. The criteria for additional dependency benefits have been met.

The Board denied service connection for coccidioidomycosis (Valley Fever) as the evidence did not show that it began during or within a year after military service and there was no competent medical opinion linking the condition to service.

The Board has decided that the apportionment of VA compensation benefits to J.T., custodian, on behalf of M.S. and J.S., the Veteran's children, was improper. The decision is remanded due to notification issues.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for TDIU, including obtaining her work history and education information, securing outstanding medical records, and scheduling a VA examination.