Other conditions decisions — 2024

The Veteran's appeal regarding whether his current attorney, R.V.C., is eligible for the direct payment of attorney fees based on past due benefits awarded in a May 2023 rating decision has been dismissed. The Veteran had a non-withholding fee agreement with R.V.C. and had already paid R.V.C. directly in connection with the May 2023 award.

The Veteran's bilateral hip disabilities have been rated at 10% each for limitation of extension. The Board finds that the evidence does not support a higher rating based on additional limitations in flexion, abduction, adduction, or rotation.

The Veteran's petition for readjudication of the previously denied claims for costochondritis and low back is remanded due to a pre-decisional duty to assist error. The claim for low back will be remanded for further examination.

The Veteran's request to readjudicate his claim for compensation under 38 U.S.C. § 1151 for right big toe amputated due to infection is denied because new evidence submitted does not relate to the issue of causation.

The Board has determined that the claims file is incomplete and requires additional evidence to determine if the Appellant's DEA benefits claim was granted prior to February 11, 2011. The decision is remanded for the upload of all relevant records.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment since May 11, 2022. The effective date for the TDIU is set at that date.

The Board has decided to remand the case due to insufficient analysis regarding the relationship between the Veteran's infertility and his exposure to measles during service.

The Board has found that there was a pre-decisional error regarding the assignment of tiers and effective dates for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC). The decision is remanded to obtain new medical opinions and issue legally adequate notice.

The Veteran's major neurocognitive disorder, due to Alzheimer's disease and probable without behavioral disturbance, is granted as service connected based on herbicide agent exposure during his military service in Vietnam.

Your appeal has been dismissed due to the death of the appellant. The Board does not have jurisdiction to adjudicate your claim as you are no longer alive.

The Board has determined that there are errors in the decision regarding service connection for myopic macular degeneration and has ordered a remand to obtain further medical opinions.

The Veteran's varicose vein condition has been rated at 10 percent, and the Board has determined a rating of 40 percent is warranted for both left and right lower extremities.

The Board has determined that the AOJ made errors in its efforts to assist with the development of the appellant's TDIU claim, including failing to obtain relevant private treatment records. The matter is being remanded for further action.

The Veteran's appeal for service connection for heat stroke was dismissed as the appellant requested withdrawal of the appeal.,Service connection for abdominal hernia secondary to a pre-existing service-connected condition (colon cancer) is granted.

The Board denied the Veteran's claim for service connection for meningitis residuals, including numbness of the legs and feet, finding that there is no persuasive evidence to support a relationship between these conditions and his in-service meningitis.

The Veteran's discharge from service was upgraded to general, under honorable conditions by the Army Board for the Correction of Military Records (ABCMR). The appeal is granted as status as a veteran has been established.

The Board has remanded the case due to a lack of a VA medical opinion regarding the relationship between Polycythemia Vera and exposure to herbicide agents during service in Vietnam.

The rating reduction from 100% disabling to non-compensable for lymphoma mycosis fungoides was proper and restoration is denied. The severance of special monthly compensation (SMC) based on housebound status was also proper and restoration is denied.

The Veteran withdrew his appeal for service connection for respiratory condition before a decision was made.

The Veteran's bruxism is found to have begun during service and has continued since, meeting the criteria for direct service connection. The claim is granted.