Other conditions decisions — 2023

The Board denied the Veteran's challenges to the overpayment and his waiver claim, finding that the overpayment was properly created and that the criteria for a waiver of recoupment were not met.

The Board has decided to remand the Veteran's claim of service connection for a back condition due to the failure to schedule him for a VA examination after finding he had a diagnosed disability. The case is now being sent back for further evaluation.

The Veteran's disability rating for Cushing's syndrome with acromegaly and hyperpituitarism was reduced from 100% to 0%. The Board found that the reduction was void ab initio due to a de facto severance, and restored the original 100% rating.

The Veteran is seeking an earlier effective date for his service-connected thoracic outlet syndrome of the right side. The Board finds that a remand is necessary to correct a duty to assist error and obtain an addendum opinion to determine when it would be factually ascertainable that the Veteran's diagnosis of thoracic outlet syndrome of the right side first arose.

The Veteran's duodenal ulcer is currently rated at 20 percent, and the Board has determined that it does not warrant a higher rating based on current symptoms.

The Board has remanded the claims for service connection for left calf muscle spasm, right calf muscle spasm, left foot tingling and numbness, and right foot tingling and numbness due to a pre-decisional duty to assist error. The Veteran's symptoms of numbness in her calves and feet are considered disabling functional impairment as per Saunders v. Wilkie (2018).

The Board has remanded the case due to potential errors in calculating the overpayment amount and the validity of the debt. The Veteran's claim will be referred back for a determination on whether the debt is valid, followed by consideration of the waiver request.

The Veteran withdrew his appeal before the Board could make a decision. The case is dismissed.

The Veteran's claim for service connection for a dental disorder for compensation purposes is denied. The Board has also remanded the claim for service connection for a dental disorder for treatment purposes due to lack of determination regarding eligibility.

The Board has determined that the notification of the decision was legally inadequate and there is a pre-decisional duty to assist error. The case is being remanded for proper notification and an adequate medical decision.

The Veteran's appeals for service connection for gout and soft tissue sarcoma have been dismissed due to the Veteran's withdrawal of his appeal.

The Veteran's VR&E case has been successfully closed, and he is no longer eligible for VR&E benefits to purchase a laptop computer of his choice.

The Board dismissed the appeal as a matter of law due to the Veteran's death, preventing eligibility for the PCAFC program.

The Board dismissed the appeal for Aid and Attendance benefits as the appellant requested withdrawal of the appeal.

The Board has granted service connection for the Veteran's residuals of a hysterectomy and stress urinary incontinence, finding that these conditions are related to her service.

The Veteran's thrombocythemia is currently rated noncompensable and the Board finds that a rating increase is not warranted as his condition has been asymptomatic throughout the appeal period.

The Veteran's service-connected bilateral fifth toe disorders are granted with a 10% rating each, effective from the date of the decision.

The Board has determined that the VA decision denying eligibility for PCAFC benefits was not adequately supported by medical evidence and requires further review. The case is being remanded to obtain a medical opinion from CEAT regarding whether the Veteran needs personal care services based on specific criteria, and to provide complete notice of the decision as required by law.

The Board has decided that the Veteran is no longer eligible for participation in VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) and has been discharged from the program. The decision was based on a CEAT review conducted one year prior to the review, but without the associated medical records. The Board finds remands necessary due to potential errors in the pre-decisional duty to assist.

The Veteran withdrew their appeal regarding the timeliness of a Form 21-0996 submitted on August 3, 2023. The Board dismissed the appeal as it was withdrawn in full.