Other conditions decisions — 2024

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 right ulnar nerve entrapment was rated at 10 percent prior to April 19, 2022. The Board denied a rating in excess of this amount for the period on appeal.

The Board has determined that the September 2021 decision denying eligibility for VA's Caregivers PCAFC program is legally inadequate and requires further development. The Veteran was not provided with a thorough medical opinion to support the denial, which may have been based on his need for personal care services or supervision.

The Board has decided to remand the case due to a duty to assist error in failing to verify the Veteran's periods of active duty, ACDUTRA, and INACDUTRA. The claim for service connection for a left great toe disability is also being remanded.

The Board is remanding the case to determine if a previously denied claim for physician-led anaesthesiology services provided on April 1, 2019 has been paid by VA. If not, the appellant will be notified and potentially receive payment.

The Board has remanded the claims for right foot metatarsalgia and enuresis due to insufficient findings in the VA etiology opinions. Additional VA examinations are needed to determine if these conditions are related to service.

The Veteran's Bell's palsy and right eye disability are currently rated at 10 percent each, with no higher ratings granted. The TDIU claim is granted.

The Veteran's claim for a higher rating for Grave's Exophthalmopathy with Dry Eye Syndrome is remanded due to the failure to provide her with an examination at her requested VA facility. The Board will schedule a VA examination at the West Palm Beach Medical Center.

The Board has granted the Veteran's request for retroactive DEA benefits, effective November 6, 2020, based on a submission of an enrollment certification from Marist College within 60 days of the July 28, 2020, notification.

The Veteran's death was not caused by any service-connected disability, and there is no evidence linking his cause of death to exposure to herbicide agents during service. The Board denied the claim for service connection for the cause of the Veteran's death.

The Veteran's left inguinal ligament disability is granted a 30 percent evaluation from February 26, 2009 to November 26, 2012 and as of February 1, 2013.

The Board has remanded the case due to a failure to provide proper notice and a hearing before the AOJ, and will readjudicate the claim based on the record.

The Veteran's service-connected active duty for purposes of educational benefits was limited to the first three years, resulting in a maximum rate of payment at 40 percent. The appeal is denied as he is not eligible for higher rates.

The Board dismissed the appeal because the VA Regional Office approved full payment for dental services provided by the appellant on March 16, 2021.

The Veteran withdrew his appeal regarding the overpayment of VA compensation benefits and its validity, resulting in the dismissal of the case.

The Veteran's claim for an earlier effective date to recognize H. as his spouse for additional dependency compensation was denied because the VA did not receive initial notice of the marital change until more than a year after the event.

The Veteran's claims for higher ratings for right hip limitation of extension, right hip limitation of abduction, and voiding dysfunction have all been denied. The Board found that the evidence did not meet the criteria for a compensable evaluation in any of these conditions.

The Veteran's appeals for effective dates prior to specific dates have been dismissed due to the withdrawal of his claims by the appellant through his authorized representative.

The Board has determined that there are errors in the decision regarding the Veteran's entitlement to transfer of educational benefits under Chapter 33, and has ordered additional development including obtaining service records and accounting for overpayment. The Veteran is also requested to submit a Financial Status Report.

The Board dismissed the appeals for payment or reimbursement of non-VA medical services provided on March 21, 2020, and March 24, 2020. The appeal for services provided on March 22, 2020, and March 23, 2020, was also dismissed.