Other conditions decisions — 2023

The appeals of the denials of service connection for left elbow olecranon bursitis and a left eye disability have been withdrawn, resulting in their dismissal.

The Veteran's cause of death was not service-connected, and his DIC claim under 38 U.S.C. § 1318 was also denied.

The Board has restored the Veteran's original 80% disability rating for his eye condition, finding that the reduction from 80% to 60% was improper and not supported by evidence of sustained material improvement under ordinary conditions of life.

The Veteran's initial evaluation for other specified trauma and stressor related disorder is denied, but he is granted a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has remanded the case due to incomplete records and jurisdictional issues regarding payment or reimbursement for non-VA medical care received on January 9, 2020. The AOJ is required to obtain all relevant documents and evidence considered in connection with the claim.

The Board has determined that the termination of VA compensation benefits for the Veteran due to his status as a fugitive felon was improper, and therefore, these benefits are restored starting from July 31, 2018.

The appeal was dismissed due to the appellant's death, and no service connection decision is made.

The Board has received a withdrawal request from the Appellant for his appeal regarding past-due benefits awarded in May 2019. As such, the appeal is dismissed.

The Board has decided that the Veteran is not eligible for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) and has ordered remand to address issues related to notification, medical decision, and eligibility determination.

The Veteran's appeal for service connection for squamous cell cancer of the base of tongue with secondary and unspecified malignant neoplasm of lymph nodes of head, claimed as cancer of the tongue due to Agent Orange Exposure, has been dismissed because the Veteran died during the pendency of the appeal.

The Veteran's claim for an initial compensable rating for a left fifth finger disability is denied as the evidence does not support a higher evaluation based on functional impairment or amputation.

The Veteran's current hepatic steatosis (fatty liver) disease is etiologically related to his active service at Camp Lejeune. The Board finds that the evidence of record is in equipoise and resolves all reasonable doubt in favor of the claim, granting service connection for hepatic steatosis.

The Veteran's claim for an increased rating for his service-connected costochondritis is being remanded due to the need for a VA examination to assess the current severity of his condition.

The Board has remanded the case due to failure to send a copy of the Appellant's Form 9 to the Veteran and not readjudicating the appeal after receiving new evidence. The case is now pending for further action.

The Board has remanded the case due to insufficient evidence regarding the severity of the Veteran's right bicep disability, specifically from May 2018 onwards.

The Veteran's spouse, A.W., was recognized as her dependent for the purpose of additional dependency compensation effective May 29, 2018. The decision grants this recognition with an effective date of March 14, 2006.

The Board has awarded a 30 percent rating for the Veteran's bilateral feet calluses effective November 19, 2013. The TDIU claim is remanded due to the award of this increased rating.

The Veteran's kidney disorder (glomerulonephritis) was not shown to meet the criteria for a disability evaluation in excess of 60 percent prior to July 18, 2022. The claim for total disability evaluated based on individual unemployability was also denied.

The Veteran's daughter has been supported financially by the Veteran for years, and A.S., who is the custodian of the minor child, requests to close the case regarding apportionment of VA disability compensation. The Board dismissed the appeal as per the appellant's request.

The Board has remanded the claim for a total disability rating because of individual unemployability (TDIU) due to service-connected disabilities. The AOJ is instructed to attempt to obtain accurate contact information for the Veteran and ask him to complete an Application for Increased Compensation Based on Unemployability, VA Form 21-8940.