Other conditions decisions — 2024

The Board has determined that the Veteran's chronic lymphocytic leukemia is related to his service, specifically due to his exposure to toxic materials during his time at Fort Ord. The decision grants service connection for this condition.

The Veteran's service connection for painful motion of the index finger, long finger, ring finger, and thumb was granted with an effective date of March 13, 2018.

The Veteran's service-connected foot disabilities do not render him in need of regular aid and attendance or housebound status, as he can feed himself, bathe, attend to hygiene needs, and leave his home with the assistance of a cane. Therefore, SMC based on aid and attendance or housebound rate is denied.

The Board has remanded the claims for service connection for left foot ulcer and neurogenic bladder as secondary to service-connected disabilities, including obesity. The VA is required to provide an addendum medical opinion addressing whether the Veteran's service-connected conditions caused or aggravated his obesity, and if so, whether it was a substantial factor in causing or aggravating his left foot ulcer and/or neurogenic bladder.

The Board found that the removal of L.J., the Veteran's former spouse, as a dependent effective June 1, 2016 was proper due to her divorce from the Veteran in May 2016.

The Veteran's claim for a compensable rating for residuals of left 4th finger fracture was denied. The Board found that the maximum schedular rating (noncompensable) is appropriate due to the absence of functional impairment beyond what would be served by an amputation with prosthesis. The claims for increased ratings for right and left knee strains are remanded.

The Board has determined that the Veteran's polycythemia vera was caused by exposure to carcinogens in his military service, and thus grants his claim for service connection.

The Board dismissed the appeal regarding payment at a contract rate for medical services provided by MGH in March 2020, EFT 4221235, as the dispute process under Veterans Care Agreements does not allow for Board review.

The Veteran's right and left foot drop disabilities have been rated at 10 percent each, with no more than mild incomplete paralysis. The facial neuropathy has resolved without recurrence or chronic residuals.

The Board has granted the Veteran's claim for service connection for restrictive lung disease, finding that it is related to his already service-connected cervical spine disability.

The Veteran's claim for service connection and special monthly compensation (SMC) at the housebound rate is denied. The effective date for the award of service connection cannot be earlier than January 28, 2023, as it was not received within one year after separation from active service or prior to the receipt of a valid claim.

The Veteran's application for benefits under the VA's Caregivers PCAFC program was denied due to a lack of eligibility based on his need for care. The Board has decided to remand this matter for further development and consideration.

The Veteran's appeal of benefits under the PCAFC program was dismissed as moot due to his death.

The Veteran's ratings for impairment of supination and/or pronation of the right elbow, as well as limitation of extension of the right elbow, associated with his right biceps tendonitis are restored to 30 percent and 10 percent respectively, effective February 1, 2024.

The Board denied the Veteran's claim for service connection of a back injury, finding that there is no evidence to support his contention that his current back injury began during active service or is otherwise etiologically related to his active service.

The Board has determined that the failure to schedule a second VA examination before issuing the February 2024 decision on appeal was a pre-decisional duty-to-assist error. The Veteran's service in Thailand is presumed for herbicide exposure under the PACT Act, and he has atrial fibrillation which may be related to such exposure. However, without a medical opinion, it cannot be determined whether atrial fibrillation is or is not related to herbicide-agent exposure.

The Board has determined that new and relevant evidence has been submitted to readjudicate the claims of entitlement to service connection for a skin condition and a right arm condition. The issues are being remanded due to pre-decisional duty to assist errors.

The Board has determined that there is no current right ear disorder other than otitis media, and thus the Veteran's claim for service connection for a right ear disorder other than otitis media is denied.

The claim for burial benefits is remanded due to incomplete VA medical records and billing information. The appellant must provide additional documents and information.

The Board has denied the Veteran's claim for service connection for urinary frequency as it is not due to a service-connected disorder and is otherwise unrelated to an in-service injury or disease.