Other conditions decisions — 2024

Your claim for service connection for chronic myeloid leukemia has been dismissed because the VA Regional Office granted it in an October 2024 rating decision.

The Veteran's appeal for service connection of a bilateral eye disability, including cataracts and other ocular conditions, has been dismissed due to the Veteran's death.

The Board has remanded the case due to an inadequate etiology opinion and a need for additional private treatment records. The Veteran's claim will be reconsidered with these new pieces of evidence.

The Board has remanded the claims for service connection for oral surgery residuals, tooth extraction residuals, right hip disorder, left hip disorder, right lower extremity disorder, and left lower extremity disorder due to incomplete development of evidence. The Veteran's pre-service cleft palate is considered in determining whether any current oral surgery residuals are related to his active duty.

The appeal for an earlier effective date for additional compensation benefits for a dependent spouse is dismissed as there was no valid rating decision to appeal.

The Board has remanded the claims for service connection due to insufficient opinions regarding the relationship between the Veteran's left hip strain and urinary frequency, as secondary to his service-connected right knee and obstructive sleep apnea disabilities.

Your appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to the Veteran's death. The appeal is now terminated at both the Court and the Board.

The Board has decided that the appellant's expenses for meals and lodging at her independent living facility can be used to reduce her countable income, but the appeal is remanded due to errors in prior adjudication of the matter of special monthly pension based on need for aid and attendance/housebound status.

The Board has identified a duty to assist error in the VA medical opinions obtained, which did not address secondary service connection relating to the Veteran's service-connected prostate cancer. The claim of service connection for breast cancer is remanded to correct this duty to assist error.

The Veteran's appeal for educational assistance benefits under the Post-9/11 GI Bill was dismissed due to untimeliness of his Notice of Disagreement (NOD).

The Veteran's pancreatitis is rated at a 60 percent disability rating, effective from the date of the decision.

The Board has determined that the August 2024 denial of survivor's pension benefits for special monthly pension based on need of regular aid and attendance was not fully considered, as it failed to address whether the Appellant is a surviving spouse or if the Veteran met the service requirements. The decision also did not provide sufficient notice regarding all elements needed to substantiate the claim.

The Board has granted service connection for the Veteran's paralyzed right diaphragm as secondary to his service-connected fracture of cervical vertebra (C-7) with intervertebral disc syndrome and degenerative arthritis and foraminal stenosis, after finding that there is at least equipoise evidence supporting this claim.

Your appeal for service connection of an artery and vein condition has been dismissed because the appellant requested to withdraw his appeal.

The Board has denied an increased disability evaluation for the ingrown left great toenail and has remanded the issue of service connection for the right ingrown great toenail.

The Veteran's claim for eligibility under the PCAFC is remanded due to a pre-decisional duty to assist error. The AOJ needs to further process and develop his serious injury incurred or aggravated in the line of duty.

The Board has granted the Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) effective November 22, 2023.

The Board has denied service connection for upper respiratory infection and remanded the issues of service connection for tingling and numbness of the left lower extremity, right lower extremity, and residuals of a head injury.

The Veteran's overpayment of $11,028.00 for his dependent spouse was waived due to the principles of equity and good conscience, as it would be against the purpose of the benefit to recoup these funds.

The Veteran's appeal is for an initial rating in excess of 10 percent for his left foot cyst from March 9, 2022 to November 28, 2022. The Board has determined that there were duty-to-assist errors prior to the November 2022 decision on appeal and thus remands the case.