Other conditions decisions — 2023

The Veteran and his Attorney requested a personal hearing before the RO to address the validity of the overpayment, but no such hearing was scheduled or conducted. The Board finds that this constitutes a pre-decisional duty to assist error and remands for scheduling a hearing.

The Board has granted an award of additional compensation benefits based on the Veteran's mother, E.N., being his dependent parent for VA purposes due to her reasonable maintenance needs.

The Board has granted service connection for pulmonary fibrosis, finding that the Veteran's current disability is etiologically due to his exposure to asbestos and other particulates during active military service.

The Veteran's disability rating for a neurocognitive disorder was reduced from 70 percent to 50 percent, effective January 1, 2021. The reduction is based on the evidence showing no actual improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Board has decided to remand the case due to a need for an examination and opinion regarding the Veteran's service connection claim, specifically related to his exposure to asbestos and ionizing radiation during active service. The PACT Act is applicable in this case.

The appeal for service connection of multiple myeloma is dismissed due to the Veteran's death.

The Veteran's claim for a compensable rating for Dupuytren's contracture of the left little ring finger (claimed as shattered knuckle) is denied. The VA determined that the disability has been manifested by pain, numbness, decreased grip strength, and limitation of flexion.

The Veteran's initial evaluations for left and right hammertoes deformities with pes cavus were denied, but the Veteran was granted a higher evaluation of 10 percent for his right foot condition.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's claimed pelvic pain and its relationship to service. The case will be returned for further evaluation.

The Board has granted service connection for endometriosis, hysterectomy as secondary to endometriosis, and melasma as secondary to endometriosis. The decision is based on the Veteran's credible testimony and medical opinions that link these conditions to her service-connected endometriosis.

The Veteran's service-connected urticaria is sufficiently severe to prevent him from obtaining and maintaining substantially gainful employment, meeting the criteria for a total disability rating based on individual unemployability (TDIU).

The Board has determined that new and relevant evidence has been received to reconsider the Veteran's claims for service connection for lower back asceticism and prostatitis. The claims are being remanded due to the need for further development.

The Board has decided to remand the claim of service connection for functional abdominal pain syndrome due to incomplete medical opinions and need for additional development.

The Board has granted service connection for right foot arthritis and left foot arthritis, finding that the Veteran's current disabilities are related to his combat experiences in Vietnam.

The Board dismissed the appeal because the Veteran's competency to handle disbursement of VA funds was determined, rendering moot the question of whether a new fiduciary should be appointed.

The Veteran's adjustment disorder with depressed mood was granted a 50% rating in July 2021, and the Board increased this to a 70% rating based on his suicidal ideations. The decision also noted that he did not meet criteria for a total disability rating due to service-connected disabilities.

The Board dismissed the appeal due to the appellant's withdrawal before a decision was made.

The Board has remanded the case due to insufficient examination regarding neurological problems, and service connection for bilateral lung pulmonary nodules is denied.

The Veteran's claim for special monthly compensation based on the need for aid and attendance is granted. The Veteran's claim for an initial rating in excess of 20 percent for urinary incontinence rated as voiding dysfunction is remanded due to a pre-decisional duty to assist error.

The Veteran's son, W., is recognized as a helpless child due to his permanent incapacity for self-support prior to reaching the age of 18. The Board found that W.'s disabilities caused significant functional impairment and rendered him incapable of supporting himself before turning 18.