Other conditions decisions — 2023

The Board has decided to remand the cases for compliance with special procedural regulations and for a reasonableness determination of attorney fees. The eligibility and amount of past-due benefits awarded in July 2017 will be reconsidered.

The Veteran's claim for an earlier effective date for the grant of service connection for unspecified sleep-wake disorder was denied as there was no new and material evidence submitted within one year of the January 2016 rating decision, which became final.

The appeal for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is dismissed due to the Veteran's death.

The Veteran's initial ratings for his service-connected left hip disability have been denied, as the evidence does not support a higher rating based on limitation of extension or flexion.

The Board denied an increased rating for the Veteran's residuals of a right great toe fracture, finding that his condition was moderate in severity and did not warrant a higher rating.

The Veteran's claim for eligibility to the PCAFC program was denied due to a finding that he did not require personal care services. The Board has decided to remand the case for further review, including a new CEAT opinion and proper notification of the decision.

The Veteran's overpayment of VA compensation benefits is being remanded for additional development, including obtaining military retirement pay records and a detailed audit.

The Board dismissed the appeal because the appellant requested to withdraw his appeal regarding a temporary total evaluation due to service-connected or other condition.

The appeal was dismissed because the February 2022 decision was not a final decision, and there were no allegations of errors or facts for appellate consideration.

The Board has decided that the Veteran's claim for service connection for a neck condition is remanded due to a failure to arrange for a VA examination before making a decision.

The appeal for PCAFC benefits is dismissed as the Veteran died before final approval and designation into the program could be granted.

The Veteran's claim for service connection for a dental condition is remanded due to the absence of relevant private treatment records. The VA must attempt to obtain these records and make them part of the file.

The Veteran's TDIU claim is remanded due to the need for clarification of his psychiatric diagnoses and their impact on his ability to work. The Board finds that a new VA examination is necessary.

The Veteran withdrew his appeal, and the Board dismissed it.

The appeal was dismissed due to the Veteran's death, and no service connection issues were decided.

The Board dismissed the appeal due to the appellant's request for withdrawal of the appeal prior to a decision being made.

The Veteran withdrew their appeal regarding the waiver of recovery of an overpayment of VA compensation benefits in the amount of $7,600.24.

The Board has granted the appeal for the overpayment of Department of Veterans Affairs (VA) pension benefits in the amount of $28,249.00, finding that the request was timely filed.

The Board has granted service connection for the Veteran's residuals of a left leg injury, finding that these residuals had their onset in service and are related to his active duty.

The Board has determined that a VA examination is needed to clarify the nature and etiology of any current neurological disability of the right arm, specifically whether it was caused by VA treatment in February 2016.