Other conditions decisions — 2024

The Board denied the Veteran's request to waive recovery of an overpayment of VA compensation benefits in the amount of $3,004.74 due to his fault for not promptly notifying VA of his incarceration.

The Veteran is eligible to transfer an additional 12 months of his Post-9/11 GI Bill educational assistance benefits to his dependent spouse, bringing the total entitlement to 48 months.

The proposed reduction in the evaluation of pancreatic cancer, status post gallbladder removal from 100% to 0% has not yet occurred and thus the appeal is dismissed.

The Veteran's other trauma and stressor-related disorder is granted a disability rating of 50 percent, effective from April 1, 2022.

The Veteran's claim for education assistance benefits under the Post-9/11 GI Bill for OJT training with the Vermont Police Academy from July 2017 to January 2018 was denied as it was received more than a year after enrollment began, and there is no retroactive benefit allowed.

The Board denied the Veteran's claim for service connection for benign prostatic hyperplasia and granted a 10 percent rating for his bilateral hearing loss. The Board found that there was no evidence linking the Veteran's current condition to his in-service exposure, including Agent Orange exposure. For the hearing loss, the Board noted an exceptional pattern of hearing impairment but did not find any new or material evidence warranting a higher rating.

The Board denied compensation under 38 U.S.C. § 1151 for a left eye disability, including optic atrophy, intraocular lens, and torsional nystagmus, finding that the additional disability was not caused by carelessness, negligence, lack of proper skill, or similar incidence of fault on the part of VA personnel.

The Board has decided to remand the claims for service connection for nerve disabilities in the lower extremities due to a duty to assist error and insufficient medical evidence on file.

The Board has determined that the VA examination of record is inadequate for adjudication and thus remands the claims to obtain an adequate examination.

The Veteran's death precludes initial eligibility for PCAFC benefits, and the issue must be denied as a matter of law.

The Veteran's lung condition, including coccidioidomycosis and shortness of breath, is granted as service-connected. The Board found the evidence supported that the Veteran incurred this condition during his active duty for training (ACDUTRA) while fighting wildfires in California.

The Board has remanded the claims for service connection for right thumb disorder and gout, bilateral feet due to insufficient evidence in the record.

Your appeal for special monthly compensation based on aid and attendance and/or housebound status has been dismissed due to the Veteran's death. The Board cannot issue a decision as it is not in the Veteran's name.

The Board has granted service connection for the cause of the Veteran's death, finding that his brain cancer is etiologically related to in-service herbicide exposure (Agent Orange).

The Board has determined that a notification letter was not provided to the Veteran and his caregiver regarding their eligibility for VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) benefits. The decision is remanded to ensure proper notice is given.

The Board denied service connection for squamous cell carcinoma, finding that the evidence does not support a finding of service connection due to herbicide agent exposure. The Veteran's private physician provided an opinion linking his non-melanoma skin cancers to in-service exposure to herbicide agents, but this opinion was deemed insufficient by the VA examiner.

The Board has determined that there is an error in the calculation of past-due benefits awarded in the August 2022 rating decision and requires a corrected audit to determine the correct amount.

The Veteran's claim for service connection for right foot toe amputation was submitted on the day of his death, and as he passed away before becoming eligible for any benefits, there is no entitlement to substituted benefits.

The Board denied the Veteran's claims of service connection for right and left hip disorders, finding no current medical diagnosis of these conditions.

The Board has remanded the case due to insufficient evidence regarding the severity of the Veteran's service-connected residuals, right inguinal herniorrhaphy and its impact on his sexual and sleep functions. The AOJ is required to obtain SSA records and schedule the Veteran for examinations to determine the precise severity of these conditions.