Other conditions decisions — 2024

The Board has decided to remand the case due to a duty-to-assist error, and will need to obtain an opinion regarding the relationship between the Veteran's meningioma and his service.

The appeal for Dependency and Indemnity Compensation (DIC) based on service connection for the cause of death has been withdrawn by the appellant, and thus is dismissed.

The Board restored service connection for familial spastic paraplegia, and the RO established a noncompensable rating. The Veteran's February 2017 notice of disagreement was valid as it appealed the establishment of the appropriate evaluation.

The Veteran's claim for reimbursement of a June 11, 2015 emergency room visit in San Ramon, California is being remanded due to the lack of records related to this episode of care. The AOJ must obtain and associate all relevant documentation with the electronic claim file.

The Veteran's initial claim for a higher rating and an effective date prior to May 25, 2018, for service connection of cyclothymic disorder is granted. The Veteran was awarded a 70 percent disability rating for her cyclothymic disorder, but the effective date remains pending as it does not meet the criteria.

The Veteran's overpayment claim is being remanded due to errors in the calculation of the period for which the debt accumulated and the date used in the 61-day calculator. The Veteran asserts that VA made an administrative error by allowing 20 months to pass before adjusting his benefit payments after informing him of a reduction.

The Veteran's request for a waiver of recovery of overpayment of VA education benefits was timely filed, and the appeal is granted.

The Board has determined that the May 2021 decision denying eligibility for PCAFC benefits is legally inadequate and remands the case to allow a new medical determination considering all medical information of record.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's stomach condition, including whether it is related to service or aggravated by a service-connected disability.

The Board has dismissed the Veteran's appeal for a certificate of eligibility for specially adapted housing (SAH) as it was granted in May 2021. The claim for a special home adaptation (SHA) grant is denied due to preclusion under VA regulations.

The Board has denied the Veteran's claim for service connection for obesity, finding that it is not a disability for VA benefits purposes.

The Veteran withdrew their appeal for the TDIU claim, and as a result, the case is dismissed.

The Veteran's breast cancer residuals, including a modified radical mastectomy of the left breast and a simple mastectomy of the right breast, are rated at 40 percent for the left breast and 30 percent for the right breast.

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

The Veteran withdrew his appeal for an effective date prior to March 9, 2020, for the award of a TDIU.

The Board has determined that new and relevant evidence has been received, including VA treatment records and a personal statement. As such, the claim for service connection for a psychiatric disability, claimed as PTSD is remanded to obtain an updated medical opinion regarding the etiology of the Veteran's diagnosed conditions.

The AOJ failed to issue a Summary of the Case regarding the eligibility for direct payment of attorney fees based on past-due benefits awarded in the March 2020 rating decision. The case is remanded to correct this error.

The Board has granted service connection for the Veteran's gastric cancer, finding that it was related to in-service asbestos exposure.

The Board dismissed the appeal because VHA overturned its initial denial and approved the non-VA medical care provided by ASC on August 27, 2020.

The Veteran's eligibility for higher level PCAFC benefits is being remanded due to legal inadequacy in the notification letter and a pre-decisional duty to assist error regarding the medical decision.