Other conditions decisions — 2024

The Veteran's right testicular cancer with orchiectomy is remanded due to duty-to-assist errors, including the need for a TERA examination and opinion.

The Board denied the Veteran's claim for service connection of a left hip disorder, finding that there is no current diagnosis of such condition and insufficient evidence to support a link between service and any reported symptoms.

The Veteran withdrew his appeal, and the Board dismissed it due to lack of allegations of errors of fact or law.

The Board has determined that the Veteran's metastatic cholangiocarcinoma, which caused his death, was at least as likely as not proximately due to his active-duty service. Therefore, entitlement to service connection for the cause of the Veteran's death is granted.

The appeal was dismissed because the Veteran withdrew it before a decision could be made.

The Board has decided that the Veteran's claim of entitlement to service connection for gout should be remanded due to a duty to assist error. The Veteran was not provided with an examination and relevant medical records have not been obtained.

The Board has decided to remand the case due to incomplete records and a lack of proper notice under 38 U.S.C. § 5104, as well as an inadequate medical opinion regarding eligibility for PCAFC benefits.

The Board has determined that the July 2021 decision denying eligibility for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) is legally inadequate and requires remand. The Veteran was not provided adequate notice regarding what evidence or argument could support an appeal, and a new medical determination considering all medical information of record is needed to correct the pre-decisional duty to assist error.

The Board has decided to remand the Veteran's claim for VR&E benefits due to a pre-decisional duty to assist error, specifically regarding the change in her vocational rehabilitation goal and extension of VR&E benefits due to TDIU. The case will be returned to the AOJ for further review.

The Veteran's claim for reimbursement of non-VA medical services on February 10, 2020 is denied as he was not treated in the VA healthcare system within the 24-month period preceding this episode of care.

The Veteran's claim for special monthly compensation (SMC) based on aid and attendance was denied in January 2021. However, a full grant of the benefits sought was provided by a March 2021 rating decision with an effective date of June 29, 2017. The Board dismissed the appeal as there is no controversy remaining.

The Veteran's heart condition, specifically congenital bicuspid aortic valve with mild left ventricle hypertrophy, aortic root dilation, aortic regurgitation, and pericarditis, is now rated at 60 percent effective February 1, 2020. The claim for increased rating for his heart condition is granted.

The Veteran's non-VA medical expenses for emergency care at Orange Park Medical Center on March 3, 2020 are granted as the closest VA facilities were not feasibly available and an attempt to use them beforehand would have been unreasonable.

The appeal for an earlier effective date for Chapter 35 Dependents' Educational Assistance (DEA) benefits is dismissed as the parties agreed on the earliest possible effective date of August 28, 2009.

The Board dismissed the claims for survivor's pension, DIC, and accrued benefits due to procedural defects in the appellant's Notice of Disagreement (NOD). The appellant did not clearly identify which specific issue or issues she was appealing.

The Veteran's claim for a total disability rating due to individual unemployability (TDIU) is dismissed as moot because he has already been awarded a TDIU from July 31, 2018 to October 15, 2019.

The Board found a portion of the overpayment was valid and granted it, but also determined that part of the overpayment was not valid. The remaining $25.55 is considered valid.

The Board has determined that there were pre-decisional errors in obtaining relevant medical records and an adequate VA examination, which are necessary to decide the claim of compensation pursuant to 38 U.S.C. § 1151 for loss of vision in the right eye.

The appeal was dismissed due to the appellant's death, and no final decision can be made.

The Veteran withdrew his appeal regarding the reduction in nonservice-connected pension benefits, and this appeal is dismissed.