Other conditions decisions — 2024

The appellant's claims for increased DIC, accrued benefits, and survivor's pension were denied as there was no pending claim at the time of her husband's death. The Veteran did not have any type of claim for additional benefits pending at his death.

The Board has dismissed the appeal as the AOJ administratively reversed the denials and approved the episodes of care for payment.

The Board has granted the appeal for payment or reimbursement of non-VA medical services provided to the Veteran on July 31, 2020, and August 7, 2020.

The Board has determined that the reduction of the Veteran's nonservice-connected pension benefits was improper due to a failure to provide proper notice, and thus restored the prior pension rate.

The Veteran's TMJ has been rated at 10 percent, and the Board found that a higher rating is not warranted based on the evidence of record.

The Veteran's initial claim for a 10 percent rating for colon cancer residuals is granted, effective September 7, 2020. The Board found that the Veteran's symptoms are mild and stable.

The Board has decided to remand the case due to insufficient medical evidence on file, and a VA examination is needed to determine if the Veteran's muscle and joint pain is related to service.

The Board has granted service connection for breast cancer, finding that the Veteran's current diagnosis is at least as likely as not related to her military service and specifically to exposure to jet fuels and hydraulic fluids during her 30 years of aircraft maintenance work. The effective date will be no earlier than August 10, 2022, due to the PACT Act.

The Veteran's claim for an earlier effective date for additional dependency compensation for his wife, D.M., is denied as he did not submit the necessary waiver of military retired pay within a year of notification and was therefore not entitled to receive VA benefits (which include dependency compensation) earlier than the most recent qualifying rating decision.

The Board has decided to remand the case due to inadequate medical opinions and the need for a VA medical opinion based on the PACT Act. The Veteran's essential tremor is being reviewed again to determine if it is related to his service, including exposure to burn pits.

The Veteran's eligibility for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to inadequate notice in the January 2021 decision. The claim will be evaluated again with the correct statutory criteria for 'need for supervision, protection, or instruction' as per the Federal Circuit ruling in Veteran Warriors.

The Board has determined that there was a pre-decisional duty to assist error regarding the notice of decision which denied the claim for payment or reimbursement of non-VA medical care provided from December 5, 2015, to December 10, 2015. The case is being remanded to address this issue.

The Board has determined that the eligibility decision for PCAFC benefits is legally inadequate and requires a new medical determination considering all medical information of record. The Veteran's need for personal care services, supervision, or instruction must be reassessed.

The appeal regarding the proposed reduction of the rating for hiatal hernia from 30 percent to 10 percent is dismissed as no subsequent rating decision has been issued.

The Veteran's appeals for service connection and increased rating were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.

The Board has determined that the grant of service connection for loss of teeth due to service-related trauma was improper and has restored this benefit.

The Veteran's dyspareunia is granted as service-connected, and her TDIU appeal is dismissed due to the presence of multiple service-connected disabilities.

The Board has granted the Veteran's claim for service connection for a disability manifested by diarrhea and constipation due to an undiagnosed illness, finding that there is at least equipoise evidence supporting this determination.

The Board has decided to remand the case due to a potential underpayment of $2,895.15 for medical services provided by Barnes Jewish Hospital to the Veteran from June 22 to June 23, 2019.

The appeal is dismissed as moot because the AOJ reversed its decision reducing compensation benefits due to incarceration.