Other conditions decisions — 2024

The Board has determined that the Veteran's nasopharyngeal cancer is at least as likely as not related to his service, granting service connection for this condition.

The Veteran's marriage to the appellant was deemed invalid due to a legal impediment, and therefore, the appellant cannot be recognized as his surviving spouse for VA death benefits purposes.

The Veteran's service-connected encephalitis has been rated at 10 percent since November 16, 1953, and from March 17, 1956, to September 29, 2009. The appeal is denied as the current rating adequately reflects the severity of his condition.

The Board has identified errors in the duty to assist and has ordered a remand for further examination and development of the claims for service connection for right and left foot disorders.

The Veteran's left epididymitis with testalgia is currently rated at 10 percent, and the Board has decided to remand this claim for further development.

The Board dismissed the appeal because the Veteran's Notice of Disagreement (NOD) was untimely, as it was filed more than one year after the June 2021 rating decision denying service connection for rashes on chest and ear.

The Veteran's claim for an earlier effective date of February 6, 2012 for service connection for urinary incontinence is granted. The Veteran's appeal for a higher rating for urinary incontinence is remanded due to the inadequacy of the May 2022 VA examination.

The Board has decided to remand the Veteran's claims for increased ratings for his service-connected trochanteric pain syndrome, right hip, limitation of flexion and trochanteric pain syndrome, right hip, limitation of extension due to a pre-decisional duty to assist error. The AOJ is instructed to obtain another VA examination that addresses the severity of the Veteran's disabilities after identifying and discounting the ameliorative effects of his medication.

The Board has determined that the VA examination and opinion obtained in September 2021 were inadequate to address all claimed conditions, including dry eyes and eye strain. The Veteran's private treatment records have not been fully evaluated, so additional remand is required for an adequate evaluation and opinion.

The Veteran's service-connected disabilities alone did not render her in need of regular aid and attendance or housebound status. The case is remanded for a VA medical opinion to determine if the Veteran needs aid and attendance, and whether she qualifies as housebound.

The appeal seeking payment for medical services provided through VA's Community Care program on December 9, 2020 is dismissed as the process does not allow for Board review.

The Veteran's claim for service connection for enlarged prostate was granted in the August 2024 rating decision, but since he did not appeal this decision, it is dismissed.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Veteran's sclerosing cholangitis is granted as service-connected, and his gall bladder disease and removal are also granted as secondary to his now service-connected sclerosing cholangitis.,Primary sclerosing cholangitis is found to have had its onset during service. The Veteran's gall bladder disease and removal are determined to be related to his service-connected sclerosing cholangitis.

The Board has remanded the case due to a duty-to-assist error and requires a new VA examination to determine if the Veteran's ear condition is related to service.

The Board dismissed the appeal for entitlement to waiver of recovery of Department of Veterans Affairs compensation benefits in the amount of $1,974.00 due to a procedural error where the Veteran requested concurrent review.

The Board has granted the waiver of recovery for a $485.30 overpayment in monthly housing allowance, but denied the waiver for a $41.67 overpayment in books/supplies.,The Veteran was not at fault for the overpayments and attended school during the time the benefits were provided.

The Board has dismissed the appeal as there is no longer a case or controversy affecting the provision of benefits by VA over which the Board may exercise jurisdiction due to the restoration of the Veteran's dependent spouse and children to his VA disability compensation.

The appeal is dismissed as the AOJ administratively approved the Appellant's claim for payment of non-VA medical services provided on February 29, 2020.

The Veteran's claims for service connection for right and left hand conditions, back condition, pustulosis palmaris and plantaris (PPP), bilateral pes planus, and bilateral knee conditions have all been denied. The effective dates for the grants of service connection for these conditions are established as of July 19, 1999 for the knees and November 16, 2017 for the back condition and PPP.