Other conditions decisions — 2024

The Board dismissed the appeal because the VA paid the correct rate for home health services provided by MGHAL in March 2020, and no further action is needed.

The Veteran's bilateral dry eye syndrome is rated at a 20 percent disability rating since May 1, 2022.

The Veteran's daytime breathing disability is remanded for a new VA examination to determine if it is related to his active service, including toxic exposures during Southwest Asia.

The Veteran's claims for higher evaluations for left and right foot calcaneal spurs and degenerative joint disease, as well as left and right Achilles tendinitis with equinus deformity, were denied. The evidence did not support ratings in excess of 10 percent.

The Board granted the appellant's request to waive recovery of an overpayment of VA Dependents' Educational Assistance (DEA) benefits, finding that repayment would cause undue financial hardship and considering mitigating circumstances.

The Board has denied the Veteran's claims for initial compensable and higher evaluations for peripheral arterial disease of both lower extremities, finding that the evidence does not meet the criteria for a higher evaluation based on objective testing.

The Veteran's psychiatric disability was rated at 50 percent disabling from February 22, 2019. The Board found that the severity of his symptoms did not warrant a higher rating.

The Board's decision granting an earlier effective date of February 24, 2021 for the grant of TDIU was implemented by the AOJ in a November 20, 2023 rating decision. The Veteran sought to challenge this implementation as containing clear and unmistakable error (CUE), but the Board found that such a challenge is not valid since it pertains to an implementing decision rather than a Board decision.

The Board has granted service connection for the Veteran's throat and tongue cancer disability, finding that it is at least as likely as not caused by herbicide agent exposure during active duty service.

The Veteran's appeal for a higher disability rating for his service-connected psychiatric disorder is denied.,The Veteran's claim for service connection for aches, generally, to include as due to Gulf War exposure, is remanded and requires further examination.

The Board has granted service connection for left hip arthritis, finding that the Veteran's current condition is linked to her military service and continues since separation. The decision also denied service connection for left hip enchondroma.

The Board has granted the Veteran's claim for service connection for Female Sexual Arousal Disorder (FSAD) as secondary to her service-connected post-traumatic stress disorder.

The Board has remanded the claim for eligibility to benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) due to a legal error in the initial decision. The VA must provide a new medical opinion regarding whether the Veteran requires personal care services and supervision based on her disability, as defined by 38 C.F.R. § 1720G(a)(2)(C).

The Veteran's rectal nodule is currently evaluated as noncompensable under the criteria for prolapse of the rectum. The Board finds that the current symptoms do not warrant a compensable evaluation.

The Veteran's appeal for SMC based on the need for aid and attendance is dismissed as their claim has already been granted. The appeal seeking SMC under 38 U.S.C. § 1114(s) is also dismissed because it moots the issue of SMC based on the need for aid and attendance.

The Veteran's service connection claim for multiple myeloma is granted as her current diagnosis of the condition is directly related to petroleum exposure during her Reserve service.

The Board has granted the Veteran's appeals to restore his entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) and Dependents' Educational Assistance (DEA) benefits effective March 1, 2022.

The Veteran's claim for beneficiary travel benefits for ambulance transport to the Portland VA Medical Center on February 21, 2023 was denied due to her income exceeding the maximum annual rate of pension. The Board has ordered remand to correct a pre-decisional duty to assist omission.

The Board has decided to remand the case due to incomplete financial information provided by both parties and discrepancies in reported expenses. The AOJ is instructed to gather accurate financial details from both the Veteran and the appellant.

The Board has determined that the Veteran's claims for service connection for left and right foot conditions should be remanded due to a pre-decisional duty to assist error. The AOJ failed to determine whether the Veteran met an exception to the minimum period of active-duty requirement prior to denying his eligibility for VA benefits.