Other conditions decisions — 2024

The Veteran's appeal is dismissed because VA has already corrected the issue and returned all withheld disability compensation.

The Veteran's request for a waiver of recovery of overpayment of VA benefits was remanded due to an error in sending the demand letter to the incorrect address.

The Veteran's metastatic squamous cell carcinoma of the head and neck was granted service connection based on exposure to Agent Orange during military service, with an effective date of May 9, 2019.

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

The Board denied compensation for an additional right lung disability and right phrenic nerve paralysis, finding that the Veteran's disabilities were not caused by carelessness or negligence on the part of VA.

The Board has decided to remand the case due to inadequate examination reports regarding the Veteran's service-connected respiratory conditions, specifically bronchiectasis and pulmonary fibrosis. The Veteran needs an adequate examination with a pulmonary function test including DLCO (pre and post-bronchodilator).

The Board has decided to remand the Veteran's claim for service connection for skin irritation due to shaving bumps, as there is insufficient competent medical evidence to adjudicate the claim and a pre-decisional error in the duty to assist by not obtaining an examination and opinion regarding the nature, severity, and etiology of the disability.

The Veteran's death was not service-connected, and therefore he did not meet the criteria for burial benefits. The claim is denied.

The Veteran's remains were transported to a national cemetery for burial. The VA has granted reimbursement of $300 for nonservice-connected burial benefits, but denied claims for plot or interment allowance and transportation reimbursement due to lack of itemized costs provided by the Appellant.

The Veteran's service connection claim for a sinus disability is being remanded due to new and relevant evidence having been received since the previous denial.

The Veteran seeks payment or reimbursement for ambulance transportation services on May 8, 2023. The Board has determined that there is insufficient evidence to make a decision and requests additional records from the ambulance company.

The Veteran's claim for an earlier effective date and higher initial ratings for venous insufficiency and deep vein thrombosis was denied. The effective date of March 22, 2017, and the assigned rating of 20% were upheld.

The Board has remanded the case due to a failure to consider the Veteran's dental claim, including his eligibility for VA outpatient dental treatment. The Veteran is seeking service connection for loss of teeth lower jaw right and left sides as secondary to chemotherapy and radiation treatment for service-connected hairy cell leukemia.

The Veteran's right great toe disability, characterized by arthritis and a history of fracture, is currently rated at 10 percent. The Board denied an increased rating as the evidence did not show symptoms more nearly approximating actual loss of use or severe foot disability.

The Veteran's appeal is being remanded for an examination to assess the severity of his service-connected lower extremity disabilities, as he contends that these disabilities amount to loss of use or ankylosis requiring adaptive equipment eligibility.

The Veteran's right Achilles tendon disability resulted in marked limitation of ankle motion as of May 25, 2018, but no earlier. The Board granted an effective date of May 25, 2018, for the award of a 20 percent rating.

The Board has granted an earlier effective date of August 3, 2020 for DIC benefits due to the appellant's intent to file a claim on that day. The Veteran died in July 2019 and VA received her application for DIC benefits more than one year after his death.

The Board has determined that the Veteran is in need of personal care services due to his dementia, which requires supervision and protection based on symptoms or residuals of neurological impairment. The evidence supports this finding.

The Veteran's claim for service connection for hypogonadism, to include as secondary to PTSD with alcohol abuse and mild TBI is being remanded due to the need for a new VA medical opinion.

The Board has remanded the case due to a lack of non-VA treatment records for the episode of care on May 26, 2021. The AOJ is required to obtain these records and then readjudicate the claim under either 38 U.S.C. § 1725 or 38 U.S.C. § 1728.