Other conditions decisions — 2024

The Board has granted service connection for HIV, finding that the Veteran's military sexual trauma during active duty is at least as likely as not the cause of his HIV.

The Board has decided to remand the case due to errors in verifying the Veteran's service periods and obtaining his service personnel and treatment records. The issues include entitlement to service connection for a right elbow condition, which is being remanded.

The appeal for payment or reimbursement of non-VA medical services provided to the Veteran from August 2, 2019, to August 3, 2019 is being remanded due to missing relevant documents and unclear decision details. The Board requires VA to obtain and incorporate any outstanding records and provide notification as necessary.

The Board has dismissed the appeal as the appellant requested withdrawal of her appeal, specifically regarding a separate evaluation for left elbow cubital tunnel syndrome.

The Veteran requested to withdraw his appeal concerning the service connection for paresthesia/pain due to lacunar infarcts of the brain, left lower extremity; service connection for paresthesia/pain due to lacunar infarcts of the brain, left upper extremity; service connection for paresthesia/pain due to lacunar infarcts of the brain, right lower extremity; and service connection for paresthesia/pain due to lacunar infarcts of the brain, right upper extremity. The Board dismissed the appeal as a result.

The Veteran's service-connected mood disorder and stress fracture of the bilateral tibias are found to have contributed substantially to his death, resulting in obesity and sedentary lifestyle which caused respiratory failure and Covid-19 leading to his death. Therefore, service connection for cause of death is granted.

The Veteran's death was not service-connected, and the Board has remanded for further development to consider his claim for special monthly pension.

The appeal for apportionment of the Veteran's VA disability compensation benefits to the appellant was dismissed due to untimeliness of the Notice of Disagreement (NOD).

The Board has remanded the claims of service connection for rectal cancer (adenocarcinoma) and squamous cell carcinoma of the right tonsil due to a duty to assist error. Further development is required, including obtaining VA medical opinions regarding the nature and etiology of these conditions based on the PACT Act requirements.

The Board has dismissed the appeals for payment of non-VA medical services provided by ASC on August 6, 2020, and on August 21, 2020, and on September 8, 2020, as VHA has already approved these payments.

The Veteran's initial claim for an increased evaluation for chronic constipation with gastroparesis and diverticulosis was denied. The Board found that the evidence did not meet the criteria for a higher rating under Diagnostic Code 7319, as her symptoms were more consistent with moderate rather than severe irritable colon syndrome.

The Board has remanded the Veteran's claims for service connection for hair loss, memory loss (also claimed as concentration problems), and skin rash due to his service in the Gulf War. The VA is required to obtain a medical opinion on whether these conditions are related to the established TERA exposure.

The Veteran's cancer of the larynx is granted as service-connected for purposes of accrued benefits, effective May 1, 2019.

The Board has decided that the Veteran is not eligible for benefits under VA's Program of Comprehensive Assistance for Family Caregivers. The decision was based on a March 2021 review by the Centralized Eligibility and Appeals Team (CEAT) which found the Veteran did not meet eligibility requirements due to lack of care from a caregiver or need for supervision, protection, or instruction.

The Board denied service connection for a bilateral eye disability, including conjunctivitis, iridocyclitis, and right eye iritis, as there is no evidence of current disability or nexus to service.

The appeal was dismissed due to the appellant's death, and no eligible parties have been substituted.

The Board has decided to remand the case due to a duty-to-assist error and needs to obtain an adequate VA opinion regarding the etiology of the Veteran's cancer in the pharynx.

The Veteran's service-connected dermatophytosis was rated at 10% for the entire appeal period from May 19, 2019 until April 1, 2020. The condition covered less than 20% of the total body area and none of the exposed areas with only topical antifungal treatment required.

The appeal was dismissed due to the Veteran's death, and no jurisdiction remains for further consideration.

The Board granted the Veteran's request to add his new spouse as a dependent to his disability compensation award, effective May 21, 2021. The appellant was awarded attorney fees based on past-due benefits from this decision.