Other conditions decisions — 2023

The Veteran's onychomycosis is rated under the old criteria and a remand is necessary to correct a pre-decisional duty to assist error, including providing an updated VA examination.

The Veteran's claim for service connection for anemia is being remanded due to the need for a supplemental addendum opinion addressing whether her preexisting condition clearly and unmistakably existed before service.

The Board has restored service connection for chronic myelogenous leukemia due to the Veteran's exposure to Agent Orange during his service in Vietnam. The original grant of service connection was based on presumptive conditions, but the Board found that this decision was not clearly erroneous and thus restoration is granted.

The Veteran withdrew his appeals for the issues of earlier effective dates for TDIU, SMC based on housebound criteria, and DEA benefits.

The Board denied service connection for cold weather exposure to bilateral hands, feet, and ears because the evidence did not show that the Veteran's current sensitivity to cold was caused by his exposure in service over sixty years ago.

The Veteran withdrew his appeal regarding the propriety of severance of service connection for fatty liver disease, and this issue is now dismissed.

The appeal for PCAFC benefits is dismissed due to the Veteran's death, making initial eligibility impossible.

The Board dismissed the appeal because the appellant died during the pendency of the case and there are no provisions for substituting a claimant in this situation.

The Veteran's application for PCAFC benefits was denied due to incomplete file and inadequate notification. The Board is remanding the case for further action, including providing a legally adequate medical decision and proper notice of the decision.

The Board has determined that the decision denying eligibility for PCAFC benefits is not in accordance with the applicable law and regulations, as it did not provide proper notice or consider the correct legal standard. The appeal is being remanded to obtain a medical opinion from CEAT regarding the Veteran's need for personal care services.

The Veteran requested to withdraw his appeal regarding the service connection for diabetes, and as a result, the Board dismissed the case.

The Veteran's sialolithiasis and facial nerve impairment have been granted an increased rating to 80 percent since October 8, 2018. The Veteran is also granted TDIU from March 1, 2011 through August 29, 2013.

The Board has denied the Veteran's claim for service connection for dyspnea, finding that it is not related to his military service. The atrial fibrillation claim was remanded.

The Board has decided that the file is incomplete, notification of the decision was legally inadequate, and there is a pre-decisional duty to assist error. The case is being remanded for further action.

The Board has granted effective dates for the addition of the Veteran's spouse and stepchild as dependents to his VA disability compensation award, based on their recognition within one year of marriage.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board has restored a 100 percent initial disability rating for status post left adrenalectomy due to pheochromocytoma from August 28, 2014.

The Board has decided to remand the case due to a failure to provide the Veteran with a copy of an Audit Error Worksheet (AEW) and a paid and due audit, which were used in determining the recoupment of military retirement pay and severance pay from his VA compensation payments. The AOJ is instructed to send these documents to the Veteran and provide a written explanation.

The Board has decided that the file is incomplete, notification of the decision was legally inadequate, and there is a pre-decisional duty to assist error. The case is being remanded for further action.

The Board has decided to remand two issues: the Veteran's claim for a mood disorder rating in excess of 30 percent and her TDIU claim. The decision is based on the need for new evidence or examination due to the possibility that the Veteran's symptoms have worsened.