Other conditions decisions — 2024

The Board denied the Veteran's claims for service connection for bilateral vision impairment and glaucoma, finding that there was no evidence linking these conditions to his military service.

The Veteran is granted a 50 percent disability rating for left breast inductal invasive cancer and left breast radical mastectomy from February 5, 2019, forward.

The Veteran's appeal for special monthly compensation based on aid and attendance or housebound status has been withdrawn by the Veteran, resulting in dismissal of his appeal.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Board has restored the Veteran's 100% disability rating for chronic lymphocytic leukemia, effective from November 1, 2023, as the reduction was improper due to the condition remaining active and not showing improvement in his ability to function.

The appeal for ambulance services reimbursement is dismissed as the episode of care was approved by VHA and the appellant is now in receipt of the benefit sought.

The Board found that the Veteran's pension benefits were properly resumed on November 20, 2019 after his parole violation warrant was cleared. The appeal is denied.

The Board has determined that the reduction of the disability rating for the Veteran's bilateral hand calluses from 30 to 0 percent was improper and has restored the 30 percent rating. The case is being remanded due to inadequate VA examinations.

The Board dismissed the appeal because the Veteran improperly filed a Notice of Disagreement challenging an August 2007 rating decision denying service connection for a thoracic spine disability. The matter remains pending under the legacy appeal system.

The Board has remanded the claims for service connection for accrued benefits purposes due to errors in the AOJ's decision. The Appellant's request for substitution as claimant upon the Veteran's death is also remanded.

The appeal was dismissed due to the death of the appellant.

The Veteran's claim for a higher disability rating for his gastric cancer status post resection (80 percent) stomach was denied. The Board found that the symptoms of the Veteran's gastric cancer are adequately contemplated by the rating schedule and thus, did not meet the criteria for an extraschedular rating.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for his right foot condition due to a biopsy, finding that there was no evidence of VA negligence or fault in providing care and that the risk of such an event was foreseeable.

The Board has remanded the case due to insufficient consideration of the Veteran's lay statements regarding his in-service fall off a truck and the resulting neck injury. The examiner must address whether it is at least as likely as not that the neck injury was incurred during service or is otherwise directly related to service, and if it was aggravated by another service-connected condition.

The Veteran disagrees with the validity of a debt for overpayment of Post-9/11 GI Bill benefits due to changes in enrollment status. The Board finds it necessary to remand the matter for further development regarding the Veteran's periods of annual training and their impact on his eligibility for benefits.

The Veteran's eligibility for transfer of educational assistance benefits under Chapter 33 to his dependent daughter was denied due to not meeting the service obligation for the program.

The Board has remanded the case for additional development and readjudication regarding whether a right hand disability, including Dupuytren's contracture, is aggravated by service-connected Parkinson's disease.

The Board denied an apportionment of the Veteran's VA compensation benefits to the appellant, finding that they were divorced in 1993 and did not establish a valid common law marriage after their divorce.

The Board has granted the Veteran's claim for payment or reimbursement of non-VA medical care on August 23, 2012 due to a change in decision by the AOJ.

The Veteran's bilateral cataracts are found to be at least as likely as not aggravated by his service-connected Type II diabetes mellitus, and the appeal is granted.