Other conditions decisions — 2023

The Board denied the Veteran's claim for service connection of a stomach disability, finding that there was no evidence to support a relationship between his current condition and his military service.

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.

The Board has found that there was not substantial compliance with its remand directives and has ordered additional development to assess the Veteran's claimed joint pain as a possible qualified disability for VA purposes under Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018).

The Veteran's income exceeds the maximum annual pension limit for a Veteran with no dependents, thus denying his claim for nonservice-connected pension benefits.

The Veteran's claim for an earlier effective date prior to September 27, 2018, for the grant of service connection for chronic cough associated with dyspnea was denied. The earliest allowable effective date is September 27, 2018.

The Board has remanded the case due to errors in obtaining evidence and providing a VA opinion. The appellant contends that her husband's cause of death was related to exposure to herbicide agents and contaminated water at Camp Lejeune, but there is no service connection for these conditions yet. The Board will seek additional records from the Veteran's hospice care and obtain a VA opinion regarding the etiology of his pancreatic cancer.

The Board has dismissed the appeal as no case or controversy exists with regard to VA payment for the ASC medical services provided on February 20, 2020.

The Board denied service connection for hidradenitis suppurativa, finding that the condition clearly and unmistakably existed prior to service and was not aggravated during service.

The Board has granted a 100 percent disability rating for the Veteran's service-connected chronic lymphocytic leukemia (CLL) throughout the period on appeal, finding that his CLL was active at Rai Stage 0.

The Veteran's glioblastoma (cancer of the brain) is found to be related to his service exposure at Camp Lejeune, and thus service connection for this condition is granted.

The Board has determined that new and relevant evidence has been submitted to warrant readjudication of the claim for service connection for a psychiatric disability. The issues of bilateral upper and lower extremity peripheral neuropathy, bilateral lung disability, bilateral eye disability, dental disability, sinus disability, erectile dysfunction, hypertension, and bilateral hearing loss and tinnitus are also remanded due to potential VA duty-to-assist errors.

The Veteran's claim for special monthly compensation based on the need for aid and attendance of another person is granted due to his service-connected disabilities affecting his ability to perform daily activities.

The Veteran's appeal for service connection of tonsil cancer has been dismissed due to their death.

The Board has decided that the AOJ decision on the appeal is not clear and requires additional information to determine if it has jurisdiction over the claim. The case is being remanded for the AOJ to provide necessary documents.

The Board has determined that the June 2021 decision denying eligibility for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) 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 determine if he meets the eligibility criteria.

The Board has decided to remand the claims for service connection of right and left eye conditions due to inadequate VA examination reports. A new examination is needed to clarify whether these conditions are related to service or a pre-existing condition.

The Veteran's compensation under 38 U.S.C. § 1151 for hyperalgesia and opioid withdrawal symptoms related to VA medication management decisions is denied because the additional disability was not proximately caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Board has decided that the VA Health Administration (VHA) Office of Community Care did not properly associate the Veteran's complete Veterans Health Administration (VHA) claims file with the electronic record, and thus remanded for additional development to obtain relevant evidence.

The case is on appeal regarding the apportionment of Veteran's VA benefits to his child. The AOJ initially granted an apportionment in December 2019, but later terminated it due to evidence showing the child was no longer in the appellee's custody. The Veteran and the appellee are requesting a review of the initial decision.

The Veteran's right inguinal hernia has been rated at a 10 percent disability rating since October 26, 2022. The Board found that the symptoms more nearly approximated post-operative recurrent and well supported by truss or belt.