Other conditions decisions — 2023

The Board has determined that the Veteran's claims for service connection for a spine disorder and bilateral ankle disorders are denied.,For the claim of service connection for a bilateral hand disorder, there is an inadequacy in the etiological opinion denying the claim. The claim will be remanded.

The Veteran's nasal disability, which includes recurrent intranasal inverting papillomas, has been rated at 30 percent since April 25, 2006. The appeal is remanded for further development.,The Veteran's claim for a total disability rating based upon individual unemployability prior to July 30, 2008 is also remanded.

The Veteran's appeal for a higher rating for right upper extremity myelopathy, SMC for loss of use of the right hand, and SMC for loss of use of the bilateral lower extremities is being remanded due to the need for consideration of additional evidence.

The Board has determined that there was a pre-decisional duty to assist error due to the incorrect application of eligibility criteria for the Caregiver Program. The case is being remanded for an adequate medical decision based on the correct statutory criteria.

The Board has decided to remand the case due to a lack of referral for dental treatment eligibility determination.

The Veteran's stepdaughter, K.J., is claimed to be a 'helpless' child due to her mild mental retardation and bilateral leg condition. The Board has ordered the VA to obtain private treatment records from Harwood Center and any related Department of Labor records.

The Veteran's child, J.V.-M., might be awarded disability benefits from the Social Security Administration (SSA). The Board has ordered that SSA records should be obtained and associated with the claims file.

The Board has determined that the original decision denying eligibility for PCAFC was based on incorrect criteria and requires remand to reassess the Veteran's need for personal care services.

The Board has granted service connection for basal cell and squamous cell carcinomas, finding that the Veteran's current diagnoses are related to his active duty service. The issue of whether new and relevant evidence has been submitted to reconsider the claim of service connection for sleep apnea is remanded.

The Board has remanded the claims for service connection for right knee pain and sensitive teeth due to a lack of adequate medical opinions.

The Veteran's infertility, diagnosed as hypogonadism, is not service-connected because it did not have its onset in service and is not otherwise etiologically related to service. The exposure to contaminants at Camp Lejeune does not qualify for presumptive service connection.

The appeal was dismissed due to the Veteran's death. The claim will be closed as there are no surviving family members eligible for substitution.

The Board denied the Veteran's request for an effective date prior to February 23, 2023, for additional dependency compensation for his spouse. The decision states that VA received a formal claim on this matter on February 23, 2023.

The Board has remanded the case due to a lack of medical opinion regarding the etiology of the Veteran's lung condition and because it is unclear whether any respiratory diagnosis exists. The Veteran was exposed to herbicides during service in Vietnam, which establishes participation in a toxic exposure risk activity (TERA).

The Board has decided to remand the case due to a duty-to-assist error, and will need further examination and opinion regarding the etiology of the Veteran's actinic keratosis.

The Board found that the reduction of the disability rating from 20% to 10% for the Veteran's medial epicondylitis and olecranon fracture, impairment of supination and pronation with degenerative arthritic changes with elbow anterior ulnar spurring was improper due to an inadequate examination. The prior 20% rating is restored.

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

The Board has determined that the May 2021 decision denying eligibility for benefits under VA's Program of Comprehensive Assistance for Family Caregivers is legally inadequate and requires remand. The Veteran was not provided adequate notice regarding the basis for the denial, and a new medical determination from the Centralized Eligibility and Appeals Team (CEAT) is needed to address whether he meets the basic medical eligibility criteria under PCAFC.

The Board denied the Veteran's surviving spouse status, which is required for DIC and pension benefits. The separation was not due to the fault of the Appellant.

The Board has remanded the Veteran's claims for service connection for bilateral elbow conditions, including cubital tunnel syndrome and ulnar nerve subluxation. The reasons include deficiencies in the prior VA examination and the need to consider the Veteran's lay statements regarding his symptoms starting during service.