Other conditions decisions — 2024

The Board has determined that the December 2023 decision denying eligibility for participation in VA's PCAFC program is legally inadequate and requires further development. The Veteran needs a new medical opinion to determine if he meets the basic medical eligibility criteria under PCAFC.

The appeal for service connection for cause of death is dismissed due to an administrative error at VA.

The Veteran's claim for a compensable rating for multinodular non-toxic goiter is being remanded due to an inadequate VA examination report. The AOJ will obtain a new VA examination to assess the presence of disfigurement associated with his service-connected goiter.

The Veteran's claims for service connection for sleep disturbance and restless limb syndrome, both secondary to his service-connected PTSD, are being remanded due to the failure of the AOJ to provide proper notice and scheduling of VA examinations.

The Veteran's service-connected bradykinesia, tremors, and muscle rigidity of the bilateral upper extremities result in loss of use of both hands, warranting a 100% rating. The Veteran is also entitled to SMC at the rate authorized under subsection (m) for loss of use of both hands.

The Board has granted service connection for pelvic pain, finding that the Veteran's current condition is related to her active-duty service and resolving all reasonable doubt in her favor.

The Veteran's claim for a compensable rating for residuals of left leg stress fracture of the proximal tibia is remanded due to failure to provide proper notification and scheduling of VA examinations.

The Board has decided to remand the case due to a duty to assist error regarding service connection for flatfeet. The Veteran's pre-existing condition of asymptomatic mild pes planus was noted prior to service entrance, and he received arch supports in August 1988 during active service. The examiner is required to determine if there was an increase in severity of the flatfeet during service.

The Board denied the Veteran's eligibility for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) as participation in PCAFC was not in his best interest.

The Veteran's bone cancer is related to his active service, and the Board has granted service connection for this condition.

The Veteran's death was due to glioblastoma multiforme, a service-connected condition. The Appellant submitted informal claims for DIC based on the Veteran's exposure to Agent Orange and his service-connected astrocytoma of the brain. The Board granted an effective date of January 1, 2010, for the award of DIC.

The Board denied service connection for left ear Eustachian tube dysfunction and right ear Eustachian tube dysfunction, as the evidence did not support a current diagnosis of an ear disability.

The Veteran's claim for service connection for primary polycythemia vera cancer is denied as he does not have a current disability of this condition at any time proximate to the pendency of his claim.

The Veteran's claims for an effective date earlier than October 14, 2009 and a higher initial rating for dry eyes with visual field defect were denied. The Board found that the earliest effective date possible was October 14, 2009, as it is the date of claim. The Veteran did not have incapacitating episodes or other conditions warranting a higher initial rating.

The Veteran's psychiatric disability, characterized as specific phobia, situational, is currently rated at 30 percent and the Board finds that a higher rating is not warranted.

The Veteran's service did not meet the criteria for pension eligibility as he did not serve during a period of war, thus his pension claim is denied.

The Veteran's cause of death was dementia and dehydration. The Board found that the Veteran experienced stomach issues during service, which led to bouts of dehydration and contributed to his death.

The Veteran's respiratory disorder, including asthma, chronic coughing, and shortness of breath due to asbestos exposure, was granted service connection effective February 23, 1996, the day following his separation from active duty.

The Board denied a compensable rating for the Veteran's respiratory disability, finding that his FEV-1 percentage of 95% predicted and FEV-1/FVC of 78% did not meet the criteria for any higher evaluation under DC 6600.

The Board has denied service connection for a jaw disability and remanded the issue of service connection for a nasal disability. The Veteran's jaw disability was not found to be related to his military service, while the nasal disability requires further examination to determine its relationship with service.