Other conditions decisions — 2024

The Board has determined that the Veteran requires a Level 2 stipend under the PCAFC due to his need for supervision, protection, or instruction on a continuous basis and inability to self-sustain in the community.

The Board has remanded the claims for service connection and TDIU due to exposure to burn pits during active military service in Djibouti, Africa. The Veteran is seeking a medical opinion regarding whether his meningitis/encephalitis and amnestic disorder are related to this exposure.

The Veteran's claim for service connection for a right eye condition was denied as there is no evidence of a current disability.,The Veteran's claim for an increased rating for chronic advanced onychomycosis right hallux nail plate resulting in destruction of the nail plate was also denied.

The Board dismissed the appeal regarding whether a claim for reimbursement of home health services was timely filed, as it is governed by statutory and contractual authority that does not allow for review by the Board.

The Board has dismissed the appeals as the Veterans Health Administration (VHA) authorized payments for the medical expenses provided by the appellant on December 14, 2020, and later.

The Veteran's spouse is denied DIC benefits and a survivor's pension as the Veteran was divorced at the time of his death.

The Board has granted an initial 30 percent rating for tardive dyskinesia, effective January 8, 2021. The Veteran's symptoms were severe and the condition caused significant impairment.

The Veteran withdrew their appeal regarding whether there was a clear and unmistakable error in a rating decision from March 28, 2016, with regard to individual unemployability. The Board dismissed the appeal as a result.

The Board denied service connection for anemia, finding that the evidence does not support a relationship between the condition and active service or exposure to Camp Lejeune contaminated waters.,The Board also denied service connection for fatigue, concluding that it is not a separate disability from anemia and therefore cannot be granted on its own.

The Board has found that remand is needed for a new medical determination considering all medical information of record and adequate notice as required by law. The AOJ did not conduct this, instead denying PCAFC benefits based on evidence from October 2020.

The Board dismissed the appeals regarding the proper contractual payment rate and timeliness of claims for home health services provided to the Veteran in January 2020, as these matters are governed by specific administrative dispute resolution processes that do not allow for appeal to the Board.

The Board denied the Veteran's claim for service connection for cannabis use disorder, finding that it is not legally permissible due to his other mental health disorders and lack of secondary service connection.

The Veteran's claim for a higher rating for his 4th metacarpal fracture of the left hand is granted, with a 10% disability rating.

The Veteran's claim for service connection for chronic lymphocytic leukemia, claimed as due to exposure to Camp Lejeune contaminated water, is being remanded. The VA must obtain the relevant private treatment records and review them.

The Veteran is currently in receipt of a 60 percent rating for his herpes simplex under DC 7820, which is the maximum available. The Board finds that he should continue to be rated at this level.

The Board denied the appeals for payment of non-VA medical expenses incurred on January 11 and January 21, 2021 due to a lack of VA authorization.

The appeal is dismissed as the claim for payment of non-VA emergency medical services provided on November 2, 2019, has been resolved administratively by the VA.

The Board dismissed the appellant's appeal because their VA Form 10182 was not timely filed, and no good cause for an extension was provided.

The Board has granted service connection for bilateral leg disability, vision disability, urinary incontinence, and bilateral upper extremity numbness as secondary to the Veteran's service-connected multiple sclerosis.

The Board denied the appellant's claim for in excess of 36 months of DEA benefits under Chapter 35 due to his dual eligibility from both veteran-parents, which limits him to a maximum of 18 months of full-time benefits per parent. The decision is based on statutory provisions and precedent cases.