Other conditions decisions — 2024

The Board has granted service connection for right posterior tibial tendon tear on a direct basis, effective from the date of the June 2024 supplemental claim.

The Board has decided to remand the case due to incomplete records and further development is needed.

The Board has decided to remand the case due to incomplete medical opinions regarding whether the Veteran's xerosis is caused by or aggravated by service-connected bilateral toenail fungus. The case will be returned for further examination and opinion.

The Board has granted service connection for bilateral hand strain and a bilateral elbow disability, finding that the Veteran's symptoms began during active service and have persisted since.

The Board denied service connection for invasive urothelial cell carcinoma/malignant neoplasm of the bladder, finding that there was no evidence supporting direct causation and that the Veteran's tobacco use was not caused by his service-connected PTSD. The Veteran died from metastatic bladder cancer to his lungs and lymph nodes.

The Board dismissed the appeal because the May 2023 rating decision deferred adjudication of a claim for unspecified trauma and stressor related disorder, and no final determination was made on this issue. The Veteran did not appeal any other aspect of the May 2023 decision.

The Board has determined that there was a pre-decisional duty to assist error due to the lack of an adequate secondary service connection medical opinion. The Veteran's claim for service connection for diverticulitis is remanded.

The Board dismissed the appeals of proposed decreases in evaluations for Peripheral Artery Disease (PAD) due to the premature nature of the actions and lack of a final decision.

The Board has dismissed the appeal for entitlement to a total rating based on individual unemployability (TDIU) prior to October 3, 2016 as it is considered a duplicate docket with another decision that granted TDIU prior to this date.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA pension benefits in the amount of $62,610 due to fault on his part and lack of financial hardship.

The Veteran's claims for increased ratings for right thumb, index finger, and long finger arthritis have been denied as there is no evidence of a gap greater than two inches between the thumb pad and fingers or a functional equivalent to ankylosis.,There are no incapacitating episodes reported for the right thumb, which prevents higher rating under DC 5003.

The Veteran's gastritis is granted an initial rating of 40 percent, effective August 12, 2015. The issue of TDIU prior to January 28, 2017, was denied, and the issue of TDIU beginning January 28, 2017, was dismissed.

The Veteran's entitlement to VRRAP education benefits for the term from November 8, 2021, to December 16, 2021, was reinstated and her appeal is dismissed as moot.

The Veteran's neck cancer, which is currently active and requires lifelong treatment, has been granted a 100 percent rating.

The Veteran is granted additional educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) subject to the statutory cap of 48 months of aggregate benefits. The appeal is granted as per Supreme Court's holding in Rudisill v. McDonough.

The Veteran's appeal for reimbursement of beneficiary travel expenses related to care provided on March 7, 2024 was dismissed as the appellant withdrew his appeal in November 2024.

The Veteran's application for PCAFC benefits was denied as a matter of law due to his death, and the appeal is dismissed.

The Board has determined that the eligibility for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) should be remanded due to insufficient evidence in the June 2023 decision.

The Veteran's cause of death is deemed to be due to his service-connected squamous cell carcinoma of the nose, which was presumed to have been caused by exposure to burn pits and other toxins during his Gulf War service.

The Veteran requested to withdraw his appeal for service connection for urinary dysfunction, including frequency and nocturia, as secondary to obstructive sleep apnea. The Board dismissed the appeal due to this withdrawal.