Other conditions decisions — 2024

The Board denied the appellant's claim that her residential facility fees are deductible medical expenses for VA pension purposes, as she does not receive custodial care and the evidence did not show she requires supervision or assistance with basic self-care activities.

The Veteran's restless leg syndrome is granted a separate evaluation of 20 percent, but no higher. The Board finds that the Veteran should be awarded a separate evaluation for his restless legs and that an extraschedular rating for varicose veins is not warranted.

The Board denied the Veteran's request for recognition as a dependent spouse for additional VA compensation benefits due to lack of valid marriage between him and S. in accordance with Thai law, which does not recognize common-law marriages.

The Veteran's service-connected acquired psychiatric disorder, diagnosed as Adjustment Disorder with Depressed Mood, is rated at a 70 percent disability rating since October 11, 2014. The decision also grants entitlement to TDIU and SMC at the housebound rate from that date.

The Board has granted an effective date of May 1, 2010 for the award of Dependency and Indemnity Compensation (DIC) benefits. The decision is based on evidence showing that the Appellant filed a claim with SSA within one year of the Veteran's death.

The Veteran's appeal of a proposed severance of his status post bilateral hernia repair is dismissed. The claim for an initial compensable rating for the service-connected condition is denied.

The Board has decided that the Veteran's claim for service connection for herpes should be remanded due to a lack of relevant medical records from his private caregiver.

The Board has remanded the Veteran's claims for service connection for right and left lower extremity neurologic disabilities due to a duty to assist error. The Veteran was not provided with an adequate opportunity to provide details of his herbicide agent exposure, which is necessary to determine if he can establish service connection based on such exposure.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse. However, due to a previous denial of survivor's pension benefits, the case is remanded for further development and adjudication.

The Veteran's claim for service connection for pancreatic cancer is remanded due to the need for a TERA examination and an opinion on secondary service connection. The issue of whether his condition is related to herbicide exposure or his service-connected conditions remains in dispute.

The Board has remanded the Veteran's claims for service connection for left and right hip strain, as secondary to his service-connected left knee sprain. The case is sent back to VA for a new examination to determine the etiology of the Veteran's hip strains.

The appeal for eligibility for benefits under the PCAFC program is remanded due to inadequate notice provided by the AOJ. The Veteran's eligibility should be evaluated under the correct statutory criteria for 'need for supervision, protection, or instruction' as per the holding in Veteran Warriors v. VA.

The Board denied service connection for flatfoot in both the right and left lower extremities due to a lack of evidence linking the condition to military service.

The Board has decided to remand the claims for service connection for neck strain and back strain disabilities due to a pre-decisional duty to assist error. A new VA examination is needed to address the relationship between the Veteran's current disabilities and his military service.

The Veteran's appeal for a waiver of overpayment of VA pension benefits was dismissed due to his death during the pendency of the appeal.

The Veteran's claims for increased ratings and a TDIU are being remanded due to errors in the implementation of prior decisions. The case will be reviewed again, with an addendum opinion requested regarding the nature and severity of his service-connected heart disability.

The Veteran's left trigeminal nerve neuralgia disability is currently rated at 10 percent under Diagnostic Code 8405, which addresses neuralgia of the fifth (trigeminal) cranial nerve. The Board finds that from January 19, 2012, to January 27, 2016, the Veteran's left trigeminal nerve neuralgia caused pain, stiffness, dislocation, labored movements, paresthesias, and dysesthesias, which more nearly approximates the criteria for a 30 percent disability evaluation.

The Board has remanded the case for further development, including a new VA examination to determine if the Veteran's urinary symptoms are related to his service. The appeal is currently on hold until this is completed.

The Board has remanded the case due to a need for an opinion on whether the Veteran's pre-cancerous colon polyps were caused or aggravated by his service-connected diabetes mellitus.

The Board has remanded the case due to insufficient opinions regarding the etiology of the Veteran's eye disabilities, specifically his cataracts and hypertensive retinopathy.