Other conditions decisions — 2024

Your appeal has been dismissed as the VA Office of Community Care authorized and paid for the non-VA medical services provided on April 20, 2021.

The Board has dismissed the appeals regarding the proposed reduction of disability ratings for radiculopathy and degenerative disk disease lumbar spine. The appeal as to service-connection for arachnoiditis is remanded due to inadequate examination.

The Veteran's cause of death, mesothelioma, is not related to his service and the Board denies entitlement to service connection for the cause of death.

The Board dismissed the appeal regarding the timeliness of a VA Form 10182 received on June 30, 2021 because it was accepted as timely filed under the Appeals Modernization Act (AMA).

The appeal has been dismissed because the Veteran died during the pendency of the appeal.

The Board has granted an effective date of June 4, 2019, for a 20 percent rating for the Veteran's residuals of a right inferior pubic ramus fracture with limitation of flexion.

The Board has determined that there was a pre-decisional duty to assist error in appointing T.H. as the fiduciary, and thus the case is being remanded for further development.

The Veteran's claim for a revision of his prior May 2010 rating decision on the basis of a clear and unmistakable error (CUE) is being remanded to allow the RO to address this issue.

The Board has granted an increased disability rating of 60 percent for benign prostatic hypertrophy with urethritis from February 19, 2014.

The Veteran withdrew his appeal regarding the initial compensable rating for chronic diarrhea (claimed as gastrointestinal issues to include diarrhea secondary to treatment with ciproflaxin).

The Board has remanded the case due to insufficient efforts by the originating agency in verifying the deceased spouse's military service, which is a prerequisite for nonservice-connected survivor's pension benefits.

The Veteran's claim for service connection for soft-tissue sarcoma of the bladder is granted, effective November 30, 2018. The Board found that his condition was related to his service-connected major depressive disorder.

The Board has granted service connection for the Veteran's cause of death due to colon cancer, which was caused or contributed substantially or materially to his death. The claim for accrued benefits is denied as there were no pending claims at the time of the Veteran's death.

The Veteran's claim for SMC based on aid and attendance was remanded due to a pre-decisional duty to assist error. The AOJ should review the January 12, 2024 VA aid and attendance examination report and readjudicate the claim.

The Board denied the Veteran's request to waive an overpayment of VA compensation dependency benefits due to his failure to notify VA about his divorce, finding that the fault lies with him and there was no undue hardship or unjust enrichment from non-repayment.

The Board has determined that additional development is necessary to correct a pre-decisional duty to assist error in the TDIU and DEA claims. The AOJ will need to obtain updated employment history for the relevant time period from 2013 to 2018, including contact with employers and educational institutions.

The Veteran's right thumb disability is rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Veteran's claim for special monthly compensation (SMC) based on anatomical loss of both breasts is denied because he is not a female veteran and therefore does not meet the criteria for SMC under 38 U.S.C. § 1114(k).

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied in March 2019. The effective date of the TDIU award is September 3, 2020, as this is the earliest possible effective date given that no earlier claims were filed.

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