Other conditions decisions — 2023

The Board has determined that the decision denying PCAFC eligibility was based on an incorrect legal standard and requires remand to reconsider the claim under the correct criteria.

The appeal for survivor's pension benefits was dismissed as the appellant withdrew her appeal before a decision could be made.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's Graves' disease and his military service, particularly his exposure to herbicide agents in Vietnam.

The Board dismissed the appeal for a total disability rating based on individual unemployability (TDIU) because it was previously denied and is no longer in appellate status.

The Veteran's appeal for service connection for a left lower extremity condition, including a left gluteal muscle condition, is denied as he already has service-connected left lower extremity radiculopathy.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized non-VA medical expenses due to insufficient evidence and the Veteran's failure to provide additional information.

The Veteran's claim for education benefits in excess of a 70 percent rate under the Post 9/11 GI Bill is being remanded due to new evidence indicating potential additional active-duty service. The AOJ needs to consider this new information and issue a Supplemental Statement of the Case (SSOC).

The Board has decided that the Veteran's claim of service connection for a right leg condition should be remanded due to outstanding VA treatment records and incomplete private medical records. The Veteran will need to provide authorization for these records, which may include Social Security Administration (SSA) records.

The Board denied the appellant's request for an apportionment of the Veteran's VA compensation benefits on behalf of their minor child, D.D., finding that the Veteran was reasonably discharging his responsibilities to D.D. and that the appellant did not establish hardship.

The Board has remanded the cases of pharyngeal diverticula and hypoglycemia for further development, including obtaining addendum opinions to determine their etiology in relation to service.

The Board has decided to remand the case due to a lack of consideration of the Veteran's ongoing need for blood thinners and whether that constitutes a disability. An examination is required to determine if his residual disability is approximately as likely as not a result of DVT during active duty.

The Board has remanded the claims for service connection for cause of death and DIC benefits due to issues with scheduling a hearing, and the underlying service connection claims remain undecided.

The Board has granted the Veteran's claim of secondary service connection for a bladder disability, finding that it is at least as likely as not related to his service-connected benign localized hyperplasia of prostate.

The Board has remanded the case due to incomplete compliance with previous directives and requires a clarifying opinion on whether the Veteran's HHV-6 is aggravated by his service-connected Hepatitis C.

The Veteran's non-Hodgkin's lymphoma is presumed to have been caused by herbicide exposure during service in Thailand, and the claim for service connection is granted.

The Veteran's appeal for eligibility to benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to a procedural error in the original decision and an issue with the legal standard applied.

The appeal regarding apportionment of the Veteran's VA disability compensation for the benefit of the appellant is dismissed because the Veteran died before any benefits could be paid, making the issue moot.

The reduction in the disability rating for service-connected hallux valgus to include hallux rigidus was improper, and restoration of the 20 percent evaluation is granted. The increased rating claim for this condition remains pending.

The Veteran's death did not meet the criteria for nonservice-connected burial benefits as he was not receiving VA compensation or pension at the time of his death, nor had an original claim pending that would have qualified him for such benefits. The appeal is denied.

The Veteran's claim for service connection for gastritis and radiation proctitis has been granted. The effective date for the grant of service connection for radiation proctitis is set at April 20, 2018. However, the issue of an initial disability rating for radiation proctitis remains pending.