Other conditions decisions — 2024

The Veteran's claim for additional VA educational assistance benefits is granted, but only for 18 days, in compliance with the maximum of 36 months of educational assistance (or its equivalent in part-time educational assistance) under Chapter 33 and the statutory cap of 48 months of aggregate benefits.

The Board has determined that the decision on appeal is remanded due to a lack of an adequate VA medical opinion regarding the etiology of the Veteran's varicose veins, specifically whether they are related to his service. The claim will be returned for further review with the addition of a new VA medical opinion.

The Board has determined that the current examination and opinion are inadequate, as they did not fully address the Veteran's lay statements regarding left foot pain during service. The Board also notes that the AOJ failed to consider a theory of secondary service connection for the left foot condition due to a service-connected back disability.

The Veteran's request for a waiver of overpayment of VA pension benefits was denied because it was not filed within the 180-day time limit following notification of indebtedness.

The Board denied the Appellant's request for an apportionment of reduced VA compensation benefits during her spouse's incarceration, finding no individual need based on the Appellant's reported income and expenses.

The appeal for initial eligibility and any accrued benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) is denied as the Veteran died before final approval into the program.

The Veteran's claim for service connection for dizziness and instability is granted. The Veteran's PTSD claim for a rating in excess of 70 percent is denied.

The Veteran's appeal is remanded due to a pre-decisional duty to assist error in the December 2020 VA examination, which did not assess her urinary incontinence symptoms.

The Veteran's appeal has been dismissed due to their death during the pendency of the appeal.

The Board has decided to remand the case due to a failure to obtain an updated VA aid and attendance examination considering changes in the Veteran's disability picture. The Veteran needs an updated examination to determine if his service-connected conditions, without consideration of non-service-connected disabilities, require regular aid and attendance.

The Veteran's tooth removal during service is not considered a dental disability for VA compensation purposes because it was due to decay, and the loss of substance of body of maxilla or mandible is required for compensation.

The Veteran's limitations in performing his activities of daily living are consistent with being unable to sustain himself in the community, and therefore a Level 2 stipend under the PCAFC is granted.

The Board has determined that the eligibility for PCAFC benefits should be reconsidered based on new evidence provided after the initial decision. The AOJ must consider all relevant evidence, including recent medical records indicating the Veteran's need for assistance with daily activities.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's right leg varicose veins and obesity. The VA needs to provide a detailed opinion on whether the service-connected left leg varicose veins caused the Veteran's obesity, what caused the obesity, and the baseline severity of the right leg varicose veins without aggravating effects.

The Board found that the Veteran did not file a timely VA Form 9 to the January 18, 2018, SOC and denied the appeal as to the timeliness of the VA Form 9.

The Board has found a pre-decisional duty to assist error and remanded the case due to the need for an opinion on whether the Veteran's squamous cell carcinoma was caused by his conceded herbicide agent exposure while serving in Vietnam.

The Veteran's claim for an increased rating of unspecified trauma and other stressor disorder is remanded due to the failure to provide proper notice regarding a scheduled VA examination, which could affect the evaluation process.

The Veteran's medical expenses from August 1, 2019 to August 11, 2019 at Navicent Health Baldwin were denied because the appellant did not submit a claim within Medicare's specified time limits.

The Veteran withdrew her appeals for service connection of bilateral eye sensitivity to light, loss of sex drive, and skeletal arthritis.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's left arm disability, specifically her claimed acromioclavicular joint arthritis and reflex sympathetic dystrophy (CRPS).