Other conditions decisions — 2024

The Board has granted the Veteran's claim for service connection for residuals of pancreatic cancer, finding that exposure to herbicide agent in service is presumed and a nexus between the condition and service has been established.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's urinary disability is service-connected or aggravated by his sleep apnea. The VA will need to obtain a new opinion on these issues.

The Veteran's claims for an initial compensable evaluation for Female Sexual Arousal Disorder and service connection for a bilateral foot condition have been denied. The Board found that the evidence did not support granting either claim.

The Veteran's claims for service connection for residuals of miscarriage, including placenta previa and menorrhagia, as well as cervical condition (now claimed as torticollis), are denied. The Board found no evidence linking these conditions to the in-service miscarriage or other specified trauma-and stressor-related disorder.

The Veteran's appeal for a TDIU rating has been dismissed because the Veteran and their representative withdrew the appeal prior to any decision being made.

The Veteran's death benefits application was denied because the appellant and the Veteran were divorced prior to his death, making her ineligible as a surviving spouse.

The Veteran's previously reduced rating for his left foot disability is restored to 20 percent effective July 1, 2022. The appeal for a higher rating is denied.

The Veteran's claim for a higher initial rating for his bilateral posterior tibial dysfunction (BPTD) is denied. The Board finds that the severity of his BPTD warrants a maximum schedular 50 percent rating from July 23, 2010 to February 18, 2022. However, he is now receiving a 50 percent rating for the entire period on appeal and thus cannot receive a higher initial rating.

The Veteran's claim for an earlier effective date for a 20% evaluation of bilateral lower extremity varicose veins prior to December 27, 2001 was denied. The Board found that the evidence did not support a separate rating for each leg before this date.

The appeal is dismissed because the claim for payment of non-VA medical services provided on June 16, 2020, was resolved by an administrative action that granted and paid the benefit.

The Veteran's service-connected right and left shin splints are granted an increased disability evaluation of 10 percent per leg, effective February 7, 2021.

The Board dismissed the Veteran's appeal because there was no pending claim for special monthly compensation (SMC) based on the need for regular aid and attendance under 38 U.S.C. § 1114(s). The Veteran did not indicate any intent to appeal the increased rating claim for Parkinson's disease, nor did he raise a separate SMC claim.

The Board has remanded the case due to a duty to assist error regarding eligibility for Chapter 1606 benefits. The RO needs to obtain updated personnel records and request a notice of entitlement from the Department of Defense.

The Veteran's claim for an earlier effective date of June 1, 2020, for a 10 percent rating for his crush injury, left third toe with ecchymosis and hammertoe deformity is granted.

The Veteran's daughter submitted a claim for nonservice-connected burial benefits, but the claim was denied because it was not filed within two years of her father's death. The Board found that the appellant did not meet the legal requirements for these benefits.

The Veteran's paranoid personality disorder is rated at 100 percent disabling, the maximum rating allowed under VA guidelines.

The Board has determined that the Veteran's claim for payment or reimbursement of ambulance transportation services provided on February 2, 2024, should be remanded due to a pre-decisional duty to assist error. The AOJ must obtain and associate all pertinent documents related to the claim with the electronic claims file.

The Board has granted the Veteran's claim for service connection for genital herpes, finding that her current diagnosis is due to an in-service infection from her then-husband and a prior C-section required due to an active outbreak of herpes.

The Board dismissed the appeal because it does not have authority to decide the case, as it is a VCCP matter subject to VA clinical appeals process.

The Board dismissed the appeal as it does not have jurisdiction to decide this matter, which concerns a VA decision on whether to authorize payment for non-VA health care under the VCCP.