Other conditions decisions — 2024

The Veteran withdrew her appeal for service connection of separation of the pelvis due to a prior grant of service connection for her back condition.

The Board has determined that a remand is necessary to fully and fairly adjudicate the issue of whether the Veteran's memory problems with multifactorial etiology are due to VA treatment, including prescribed medication. The case will be returned for further development.

The Board has restored a 40 percent rating for TMJ disorder from October 8, 2019, finding that the reduction was improper due to lack of improvement in the Veteran's ability to function under ordinary conditions.

The appeal was dismissed because the appellant's authorized representative requested and received approval to withdraw the appeal.

The Veteran withdrew their appeal regarding eligibility for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC). The Board dismissed the appeal as a result.

The reduction of the rating for Raynaud's syndrome from 40 percent to 20 percent disabling effective January 29, 2020 was not proper; restoration of the 40 percent rating is granted.

The Board denied the Veteran's claim for a waiver of the recoupment of an overpayment in the amount of $24,128.61 due to lack of equity and good conscience.

The Veteran has withdrawn her appeal regarding the increased disability rating for bilateral hip trochanteric pain syndrome, including limited flexion and extension. The appeal is dismissed.

The appeal of entitlement to service connection for tinnitus is dismissed. The issue of service connection for a psychiatric disorder, including Major Depressive Disorder (MDD) with Anxious Distress Features and Psychotic Features, and secondary Polysubstance Use Disorder in Sustained Remission, is remanded.

The Veteran withdrew his appeals for temporary 100 percent evaluations under 38 CFR 4.29 and 4.30 before the Board could make a decision.

The Veteran withdrew his appeal, so the case is dismissed.

The Board has decided that remand is necessary due to non-compliance with notice requirements for the apportionment claim. The Veteran was not notified of the decision and his rights, while the Appellant received proper notification.

The Board has granted a 30 percent disability rating for speech changes on both the left and right sides of the tenth cranial nerve, effective as of May 9, 2024. The claim for increased ratings for dysphagia and loss of automatic movements was denied.

The Board has decided to remand the claim for service connection of essential tremors due to a lack of adequate medical opinion regarding the Veteran's exposure to herbicide agents in Vietnam. The case will be returned to the AOJ for further development.

The Veteran's claim for earlier effective dates for service connection of tremors in the left and right upper extremities has been denied as these conditions are granted secondary to his service-connected balance impairment, Parkinson's disease.

The Veteran's claim for an earlier effective date for DEA benefits is denied as she did not meet the schedular requirements prior to March 16, 2007. The claim for an earlier effective date for SMC based on housebound status is also denied because the Veteran did not have separate service-connected disabilities rated at 60% or more until June 19, 2012.

The Board dismissed the appeal as VHA overturned its initial denial and approved the non-VA care provided by AGH from May 22, 2020, to June 20, 2020.

The Veteran withdrew his appeal before the Board could make a decision. As a result, the case is dismissed.

The Board denied the Veteran's claims for service connection for leukemia and lymphoma, finding that there was no evidence of a nexus between his conditions and his active duty service.

The Board dismissed the appeal as the expenses for non-VA medical services provided on November 4, 11, and 25, 2020 were approved by VA.