Other conditions decisions — 2024

The Board has decided that the Veteran does not meet the eligibility requirements for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC). The decision was legally inadequate due to notification deficiencies and a pre-decisional duty-to-assist error.

The Board has found new evidence relevant to the claim of service connection for cause of death and is remanding the case to obtain a medical opinion regarding whether the Veteran's death from myocardial infarction was proximately due to an in-service injury or disease, including inservice dyspnea and complaints of chest wall pain.

The Board has dismissed the appeals for payment or reimbursement of non-VA medical treatment provided on December 6, 7, 9, and 10, 2019 as these claims have been administratively approved and paid by VA.

The Veteran's death was caused by a combination of his service-connected bradycardia and other conditions, which the Board found contributed substantially to his demise. Service connection for the cause of the Veteran's death is granted.

The Veteran's additional compensation for dependents P.B., N.B., and spouse M.B. was adjusted in January 2023, but the appellant is not eligible to attorney fees based on this adjustment as no past-due benefits were awarded.

The Board has found that the Veteran's essential tremors did not manifest during service and is not related to his military service, including herbicide exposure. The central nervous system disability claimed as CVA was also not found to be related to service or due to a service-connected condition. Both issues are being remanded for further development.

The Board denied the appeal as the Appellant did not file a timely notice of disagreement (NOD) following the issuance of the February 2015 rating decision, which is final.

The Veteran's claim for a clothing allowance in the benefit year 2020 is being remanded due to missing records. The necessary evaluations and denial documents are needed to make a comprehensive decision.

The Veteran's appeal for payment or reimbursement of medical expenses incurred on August 20, 2019, is being remanded due to the lack of documentation showing that the provider was contacted and informed how to submit its claim to TriWest. The AOJ must also provide notice of any denial in accordance with VA regulations.

The Veteran's appeal for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) was dismissed because the Veteran withdrew her appeal before a decision was made.

The Veteran's appeal for service connection of multiple strokes was dismissed due to his death before the Board could make a decision.

The Board has decided to remand the claim for payment or reimbursement of private medical care provided on May 30, 2023 due to an error in reviewing under section 1725. The AOJ must review the case under this statute and provide all relevant records.

The Veteran's claims for service connection of chronic diarrhea, urinary incontinence, and right hand tremors are granted. The claim for an increased disability rating to 100% for PTSD with agoraphobia is granted from November 19, 2017 to November 19, 2018.

The Veteran's service connection claims for coronary arteriosclerosis and high-grade B-cell lymphoma, both presumed to be due to herbicide agent exposure during his active duty in Thailand, are granted. The effective date is not specified as the decision is based on presumptive service connection.

The Board has ordered a remand to obtain an addendum opinion from a gastroenterologist regarding the Veteran's hiatal hernia, addressing its cause and aggravation by service-connected disabilities.

The Veteran's right hip disability is rated at 10 percent for limitation of flexion, and the RO has granted a separate 10 percent rating for impairment of the thigh. The initial ratings for both conditions are granted.

The Veteran's claim for service connection for Hodgkin's Disease and multiple myeloma, including as due to herbicide agent exposure, is denied. The Board found no evidence of herbicide agent exposure during service and insufficient evidence linking the current conditions to service.

The Board has found that there has not been substantial compliance with the September 2023 remand requests and has therefore ordered further development for both peripheral nerve disability and eye disability claims.

The Board has remanded the cases due to insufficient verification of the Appellant's late husband's service records and a lack of inpatient treatment records from Camp Blanding for mental health conditions. The AOJ is required to attempt further verification, document all steps taken, and provide a formal finding if service cannot be confirmed.

The Board has remanded the case due to new evidence being submitted after the issuance of a supplemental statement of the case but before certification of the appeal. The Veteran's request for waiver of recovery of overpaid VA pension benefits is on hold until further action.