Other conditions decisions — 2023

The Board denied reopening the claim of service connection for residuals of a fractured maxilla as there was no new and material evidence presented, despite the Veteran's assertions.

The Veteran's claim for nonservice-connected pension benefits is being remanded due to the need for updated information regarding his income and net worth, as well as confirmation of SSDI benefits.

The Board denied the Veteran's request for an earlier effective date for resuming VA disability compensation benefits, finding that payments were resumed on September 4, 2017, which was one year prior to the date of receipt of a claim for recommencement. The appeal is based on the timing and submission requirements for resuming benefits following active duty.

The Board has remanded the claim of service connection for a disability manifested by diarrhea due to outstanding medical questions and the Veteran's failure to attend scheduled examinations.

The Veteran's service-connected disability compensation with a TDIU provides a greater benefit than nonservice-connected pension for the entire appeal period, making the appeal for payment of pension benefits moot and dismissed.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and potential need for additional examination or development under the PACT Act.

The Board denied the Veteran's claims for service connection for left and right elbow disabilities, finding that his symptoms were related to his already service-connected upper extremity neuropathy due to colon cancer treatment.

The Board has denied the Veteran's claims for service connection for residuals of cold injuries to his upper and lower extremities as there is no evidence of an in-service injury or disease.

The Board has granted service connection for a left eye pterygium but denied service connection for a left eye senile cataract.

The Veteran's death was not service connected, and the Appellant did not meet the criteria for burial benefits as she did not have a pending claim for compensation or pension at the time of his death. The Veteran died while in his home, which does not qualify him for burial allowance based on hospitalization.

The Veteran's eligibility for benefits under the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to a legally inadequate decision. The Centralized Eligibility and Appeals Team (CEAT) did not provide an explanation or basis for their decision, which was based on a functional assessment concluding that the Veteran requires some assistance with activities of daily living.

The Board has granted an earlier effective date of February 18, 2022, for the grant of special monthly pension benefits based on the need for aid and attendance. The decision is based on the Veteran's oral intent to file for pension benefits.

The Veteran's waiver request for the overpayment of $435 was granted because there was no indication of fraud, misrepresentation or bad faith on her part and recovery would be against equity and good conscience.

The Board finds that additional development is needed due to conflicting information regarding the Veteran's marital history. The matter is REMANDED for reasonable efforts to contact government offices in Texas to determine if the Veteran and his former spouse divorced at any time.

The Board has granted service connection for bronchiectasis and pulmonary nodule secondary to the service-connected interstitial lung disease, asbestosis. The initial compensable evaluation claim is being remanded.

The Board has decided to remand the case due to a pre-decisional error in the duty to assist, specifically regarding the Veteran's exposure to contaminated water at Camp LeJeune. The case is now back with the Board for further action.

The Veteran's appeal for additional VR&E benefits was dismissed as the AOJ had already granted these benefits in July 2023.

The appeal of the fee agreement validity issue was dismissed as requested by the appellant.

The Board denied an earlier effective date for a 100 percent rating for the loss of use of the Veteran's right arm and leg, finding that November 14, 2018 is the earliest effective date available.

The Veteran's cause of death was service-connected, but the appellant did not meet the income threshold for Parents' DIC benefits due to excessive income.