Other conditions decisions — 2023

The Board has identified a pre-decisional duty to assist error and has ordered the Veteran to be examined for his bilateral eye condition. The examination will determine if the condition had its onset during service or is otherwise related to an in-service injury, event, or disease, including a left globe hematoma. It will also assess whether myopia (a congenital defect) was subject to superimposed disease or injury during service.

The Board has decided to remand the claims for service connection for HPV, metastatic head, neck, and oropharyngeal carcinoma, metastatic liver cancer, and metastatic bone cancer due to a duty to assist error. The VA is required to obtain an opinion regarding whether the Veteran's HPV was incurred in active military service through sexual contact during his active service.

The Veteran's caregiver withdrew her application for PCAFC benefits, and the appeal is denied as a matter of law due to the inability to complete necessary evaluations, trainings, and assessments within 90 days.

The Board has remanded the case due to a duty-to-assist error related to medication effects on lymphocytic colitis, and also because of an issue regarding extraschedular TDIU.

The appeal is dismissed because the billing company that submitted the Notice of Disagreement was not a proper claimant and did not provide the underlying ambulance transportation services.

The Veteran's appeal for an increased evaluation and earlier effective date for a left arm disorder is dismissed from the modernized review docket.

The Board has remanded the claims for service connection for broken neck, nerve damage/pain and tingling of the left upper extremity, and nerve damage/pain and tingling of the right upper extremity due to insufficient medical opinions regarding their relationship to service.

The Board has restored the Veteran's 70% rating for intermittent explosive disorder, effective August 1, 2021, as the reduction was invalid due to lack of improvement in ability to function under ordinary conditions.

The Board has dismissed the appeal as it does not have jurisdiction to review the claim for payment of medical services performed by Aegis Sciences Corporation (ASC) on January 8, 2020.

The Board has determined that there was a pre-decisional duty to assist error and the case is remanded for an adequate medical decision regarding the Veteran's eligibility for PCAFC benefits.

The Board has remanded the case due to inadequate medical opinion and a need for a TERA-specific opinion under the PACT Act. The Veteran's service connection claim will be reconsidered with consideration of his in-service exposure to toxic substances.

The Board dismissed the appeal because the issue of recognizing X.S. as a dependent school child for additional VA benefits has already been resolved and granted in a previous decision.

The Board has decided that it does not have jurisdiction to address the appellant's claims due to incomplete records and unclear authority. The appeal is remanded for further action.

The Veteran's service-connected bilateral hearing loss is considered to have contributed substantially or materially to his death from senile degeneration of the brain, which was found to be a contributory cause of death.

The Veteran's larynx cancer was granted service connection due to herbicide exposure, effective June 25, 2019. The claim was filed within the year following this date and continuously pursued.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's lung disability and potential asbestos exposure during service.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this case.

The Veteran's appeal for a total disability rating for individual unemployability due to service-connected disorders was dismissed because the appellant died in September 2023.

Your appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed because the Veteran died during the pendency of this appeal.

The Veteran's appeal for a waiver of overpayment of VA compensation benefits was dismissed as the Veteran withdrew his request through his representative in June 2023.