Other conditions decisions — 2023

The Veteran's appeal for restoration of Post-9/11 GI Bill educational assistance benefits was denied because he was not enrolled at Heald College-San Francisco on or after January 1, 2015, and the school had already closed prior to that date.

The appeal was dismissed because the Veteran died, making it impossible to complete the eligibility requirements for the PCAFC program.

The Veteran's appeal for service connection of a dental condition has been dismissed due to the death of the appellant.

The Board has decided to remand the case due to an inadequate VA examination, and a new opinion is needed regarding whether the Veteran's bilateral hand condition is related to his military service.

The Veteran's cause of death, intracranial hemorrhage with metastatic colon cancer as a contributing cause, is found to be service-connected.,Dependency and Indemnity Compensation under 38 U.S.C. § 1318 is denied due to the Veteran not meeting the criteria for total disability ratings.

The Veteran's appeal is remanded for further development to determine his eligibility for Family Caregiver services under the Program of Comprehensive Assistance for Family Caregivers (PCAFC).

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 AOJ must ensure all relevant notices, adjudicatory documents, and evidence are associated with the electronic claim file.

The Board has granted a 30 percent disability rating for the Veteran's basal cell carcinoma, effective from the date of his death in June 2018.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's rectal cancer began during or was aggravated by his period of ACDUTRA from June 2017 to August 2017. The case will be returned for further development.

The Veteran's dental disability claims are remanded for additional examinations and consideration of new evidence. The claim for VA treatment purposes is also remanded.

The Board has remanded the Veteran's claims for initial ratings in excess of 10 percent for his service-connected left index finger and long finger disabilities due to the need for further development, including a new VA examination.

The Veteran's disability ratings for Muscle Groups XX, XIII (left and right legs), and XII have been granted at a 40 percent rating prior to March 22, 2023. The higher ratings are denied.

The Board has remanded the claims for a new VA examination to assess the current severity of the Veteran's left hip disabilities due to conflicting findings in the previous examination report.

The Board has granted service connection for the Veteran's nephrolithiasis as secondary to his service-connected hypertension.

The Veteran's ulnar nerve disability was granted an increased rating of 60 percent from July 31, 2018, forward.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151, finding that his bladder disorder was not caused by VA carelessness or negligence and was due to pre-existing conditions.

The Board has granted a later effective date of September 1, 2018, for removing the Veteran's spouse A. from his VA disability compensation award and a later effective date of August 17, 2018, for removing his stepchild J.

The Veteran's appeal for recognition of A.S. as his child for the purpose of additional dependency compensation is denied due to lack of evidence showing A.S. acquired stepchild status before age 18, and because A.S. did not meet the criteria for being considered a dependent child.

The Veteran's claim for a Total Disability Rating Based on Individual Unemployability (TDIU) is dismissed due to his withdrawal of the request from the Legacy appeals system and his opt-in election under the Appeals Modernization Act.

The Veteran's prior employment as a part-time taxi driver and bus driver did not meet the criteria for TDIU due to his service-connected disabilities, as he earned more than the federal poverty level.