Other conditions decisions — 2024

The Veteran withdrew his appeal regarding payment or reimbursement for non-VA medical services provided to him from December 24, 2019 to December 26, 2019. As a result, the appeal is dismissed.

The Board has restored service connection for a lung disability, effective May 11, 2017, finding that the original grant of service connection was not clearly and unmistakably erroneous.

The Veteran's right ring finger stiffness and pain were not found to be the result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault by VA. The Board denied compensation under 38 U.S.C. § 1151.

The Veteran's appeal has been withdrawn by his representative, and the Board is dismissing the case as a result.

The Veteran's death was due to service-connected malignant mesothelioma, and the appellant is entitled to an effective date of June 1, 2015 for DIC benefits.

The Veteran's appeal is being remanded to obtain additional VA treatment records and correct a duty to assist error. The claims for increased rating, effective date establishment, and TDIU eligibility are also being remanded.

The Board has determined that there was a pre-decisional duty to assist error and requires the Centralized Eligibility and Appeals Team (CEAT) to provide a legally adequate medical decision regarding the Veteran's eligibility for PCAFC benefits.

The Board denied an initial compensable rating for the Veteran's service-connected bilateral eye disability, finding that the evidence did not establish visual field defect or muscle impairment/diplopia and that there were no incapacitating episodes during the past year. The Veteran's corrected visual acuity was found to be 20/40 in both eyes.

The Veteran's left shoulder disability, specifically the residuals of his clavicular fracture, is rated at 20 percent. The Board found that the Veteran's condition more closely approximated limitation of motion of the arm midway between the side and shoulder level, warranting a 20 percent rating.

The Board denied the veteran's request for an earlier effective date of July 9, 2016, for a 10 percent disability rating for service-connected residuals of bilateral mandible fractures with TMJ and pain. The effective date was set at May 18, 2018.

The Veteran's appeal for a compensable disability rating for costochondritis has been denied, and the issue of service connection for residual of immersion foot has been remanded due to inadequate examination.

The Board denied the Veteran's claim for service connection for an unspecified back injury, finding that it is part of his already service-connected pilonidal cyst of the lower back.

The Board has decided that the appellant's education benefits appeal is remanded due to missing procedural documents. The VA needs to obtain and associate her complete VA education folder with the record.

The Board denied service connection for esophageal cancer and denied DIC benefits based on the cause of death due to lack of evidence linking the condition to service, including exposure to herbicide agents.

The Board denied service connection for left eye atrophic nasal pterygium and loss of teeth for compensation purposes due to lack of evidence linking these conditions to the Veteran's active military service.

The Veteran's skin disability is at least as likely as not related to his active service, and the Board has granted service connection for this condition.

The Veteran's appeal is dismissed due to their passing away, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's appeal for payment or reimbursement of non-VA medical expenses incurred from October 19, 2015 through November 4, 2015 is granted. The Board found that the treatment received was not emergent and VA facilities were feasibly available.

The Board has determined that further action is needed to ensure the procedural and due process rights of the parties have not been completed. The case will be remanded for several actions including providing a copy of the May 2023 Board decision, notifying the Veteran and appellant of their rights under contested claims procedures, obtaining updated financial information, conducting an accounting/audit regarding dependency allowance payments, and obtaining school attendance reports for children A.M. and C.M.

The Veteran's heart disabilities, including sinus bradycardia, mitral valve prolapse, and aortic regurgitation, were not found to be related to service or service-connected conditions. The Board determined that the evidence did not support a finding of direct service connection.