Other conditions decisions — 2024

The Veteran's appeal regarding the apportionment of his VA compensation benefits to his former spouse on behalf of their four children is dismissed because the apportionment has since been terminated for the entire relevant period.

The Board dismissed the appeal because the appellant requested to withdraw their appeal prior to a decision being made.

The Board has remanded the case due to a failure to fulfill the duty to assist in obtaining information regarding an upgrade in the character of discharge from under other than honorable conditions.

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

The Veteran's spouse, the appellant, was denied recognition as his surviving spouse for VA survivor benefits due to her divorce from the Veteran prior to his death in 2019. The Board found that there was no indication of remarriage and thus could not recognize the appellant as a surviving spouse.

The Veteran's Dupuytren's contracture of the right hand was granted service connection. His claim for vertigo was denied, and his claims for other conditions were remanded.

The Board has decided to remand the case due to a lack of VA opinion regarding whether the Veteran's glioblastoma is related to service, specifically herbicide exposure. The appellant contends that the Veteran's brain cancer is due to service, including exposure to herbicide agents.

The Veteran's request for service connection for colon adenoma and cancer is granted, but the case is remanded to consider the merits of the claim.

The Board has determined that a rating in excess of 40 percent for service-connected TMJ disorder prior to September 14, 2020 is denied.

The Veteran's COPD is granted due to presumed exposure during the Gulf War. The liver disorder claim, including hemochromatosis, is remanded for further clarification on its nature and relationship to service.

The Veteran's claim for special monthly compensation (SMC) based on loss of use of the right hand was denied as his right hand disability did not meet the criteria for SMC.

The Board has found a pre-decisional duty to assist error and has remanded the case for further development, including obtaining an addendum VA medical opinion regarding whether the Veteran's mental health disorder is aggravated by his service-connected disabilities.

The Veteran's service-connected paroxysmal atrial fibrillation was denied an increased rating prior to December 2, 2021 and from December 2, 2021 onwards. The Board found that the evidence did not meet the criteria for a higher rating than 10 percent before December 2, 2021 or 30 percent thereafter.

The Veteran's appeals for increased evaluations were denied because the claims were not filed within one year of the rating decisions, which is a jurisdictional bar.

The Board has dismissed the Veteran's appeals for service connection due to untimely filings of VA Form 10182, and no good cause was shown for extending the filing deadline.

The Board has determined that the Veteran's current diagnosis of EGPA is related to his military service, including exposure to toxic chemicals like PD-680. The decision grants service connection for EGPA.

The Board has remanded the Veteran's claims for special monthly compensation and total disability rating based on individual unemployability due to uncertainties in his employment history and a duty to assist error.

The Veteran's claim for an increased rating for rheumatic valvulitis with mitral regurgitation was granted, effective from August 30, 2022. The effective date is the earliest date as of which it is ascertainable that an increase in disability had occurred.

Your appeal for an increased rating for hypertensive vascular disease has been dismissed because the appellant requested to withdraw his appeal.

The Board has decided that the notification of the decision was legally inadequate and there is a pre-decisional duty to assist error. The case is being remanded for further action.