Other conditions decisions — 2024

The Board has decided to remand the cases of service connection for diarrhea and constipation due to a duty to assist error. A VA examination is required to determine if these conditions are proximately due or aggravated by medications used to treat service-connected disabilities.

The Veteran's death from glioblastoma is being remanded due to pre-decision error in the determination of service connection for cause of death. The Board finds that secondary service connection should be considered and there are incomplete opinions regarding exposure to burning fuels and feces.

Your appeal for special monthly pension based on the need for aid and attendance has been dismissed due to your passing. The Board cannot issue a decision as you have passed away during the pendency of this appeal.

The Veteran's claim for service connection for other reactions to severe stress (claimed as mental health condition) was granted with an effective date of November 2, 2020.

The Veteran's claim for a waiver of the recoupment of an overpayment debt in the amount of $558.04 was denied because his fault outweighed VA's, and the decision did not involve service connection issues.

The Veteran's proposed reduction of the disability rating for tender lipomas from 20 percent to 0 percent was dismissed as a matter of law because the appeal was filed before there was an underlying rating reduction decision.

The Veteran's claim for SMC A&A for his spouse was granted in a January 2024 rating decision, effective October 24, 2022. The appeal is dismissed as the criteria for dismissal of the claim are met.

The Veteran's dependency benefits for his children and spouse were restored effective July 1, 2022. The appeal is dismissed as moot since the issue has been resolved.

The Board has determined that the Veteran's Progressive Supranuclear Palsy (PSP) is a result of toxic exposure during service, and thus grants service connection for PSP.

The appeal concerning the payment of non-VA emergency medical services provided from December 4, 2020, through December 5, 2020, has been dismissed as the VA Agency of Original Jurisdiction (AOJ) administratively approved the claim.

The Veteran's claim for an earlier effective date for dependency benefits was denied as he did not inform VA of his dependent child until November 2022, which is the earliest recordable information. The Board found no legal basis to grant such a request.

The Board dismissed the appeal because the dental care services were provided through a Veterans Care Agreement (VCA) which has its own administrative dispute resolution process that does not allow for further review by the Board.

The Board has determined that the notification of the Centralized Eligibility and Appeals Team (CEAT) decision does not meet the criteria outlined in 38 U.S.C. § 5104(b), as it did not provide adequate notice of the basis for the denial, including elements not satisfied leading to the denial and how to obtain or access evidence used in making the decision.

The Board has remanded the Veteran's claims of service connection for right and left leg disorders due to a lack of consideration of the Veteran's lay statements regarding his symptoms, as well as the VA examiners' failure to consider the continuity of symptoms since service. The case is being returned for further examination and opinion.

The Board has granted an effective date of November 24, 2021 for the award of SMC based on aid and attendance due to the Veteran's service-connected B-cell lymphoma with metastatic cancer requiring regular aid and assistance.

The Board has decided to remand the claim of an increased rating for a lung disability due to errors in obtaining the Veteran's Social Security Administration (SSA) records and failing to provide a contemporaneous VA examination. The claims are now being returned to the AOJ for further action.

The Board has remanded the case due to inadequate rationale in the VA medical opinions regarding whether the Veteran's lung conditions contributed substantially or materially to his death. The claim is being returned for further development and consideration.

The Veteran was granted a total disability evaluation based on individual unemployability (TDIU) and dependents' educational assistance (DEA) benefits for the period beginning May 17, 2016.

The Veteran's claim for service connection for insomnia as secondary to his service-connected subdural hematoma has been granted. The claims for earlier effective dates for TDIU and SMC-S have been dismissed due to the benefits being granted in full by the originating agency prior to a decision by the Board of Veterans' Appeals.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for Guillain-Barre syndrome (GBS) due to receiving a flu vaccination at a VAMC in October 2015, finding that VA did not cause the GBS through negligence or fault.