Other conditions Board decisions

The Board has granted service connection for the Veteran's paralyzed right diaphragm as secondary to his service-connected fracture of cervical vertebra (C-7) with intervertebral disc syndrome and degenerative arthritis and foraminal stenosis, after finding that there is at least equipoise evidence supporting this claim.

Your appeal for service connection of an artery and vein condition has been dismissed because the appellant requested to withdraw his appeal.

The Board has denied an increased disability evaluation for the ingrown left great toenail and has remanded the issue of service connection for the right ingrown great toenail.

The Veteran's claim for eligibility under the PCAFC is remanded due to a pre-decisional duty to assist error. The AOJ needs to further process and develop his serious injury incurred or aggravated in the line of duty.

The Board has granted the Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) effective November 22, 2023.

The Board has denied service connection for upper respiratory infection and remanded the issues of service connection for tingling and numbness of the left lower extremity, right lower extremity, and residuals of a head injury.

The Veteran's overpayment of $11,028.00 for his dependent spouse was waived due to the principles of equity and good conscience, as it would be against the purpose of the benefit to recoup these funds.

The Veteran's appeal is for an initial rating in excess of 10 percent for his left foot cyst from March 9, 2022 to November 28, 2022. The Board has determined that there were duty-to-assist errors prior to the November 2022 decision on appeal and thus remands the case.

The Veteran's appeal for a second use of a specially adapted housing grant was dismissed due to his death, as the purpose of such grants cannot be accomplished after the Veteran's passing.

The Board has determined that the overpayment of $8,719.00 in VA compensation benefits is valid and cannot be reduced due to the Veteran's remarriage.

The Board dismissed the appeal as there is no current case or controversy before the Board regarding payment or reimbursement of non-VA medical services provided on January 5, 2021.

The Board dismissed the appeals for payment or reimbursement of non-VA medical expenses provided to the Veteran by the appellant on February 12 and February 13, 2020, as the requested payment has been approved.

The Veteran's eligibility for PCAFC benefits is being remanded due to inadequate notice of the basis for the denial, and the need for supervision, protection or instruction must be evaluated under the correct statutory criteria.

The Board dismissed the appeal regarding a proposed reduction of survivor's pension benefits due to it being only a proposed action and not an adjudication subject to appeal.

The Board has determined that the notification provided to the Veteran and his caregiver regarding their eligibility for PCAFC benefits did not meet the requirements of 38U.S.C. §5104, as it lacked a summary of the evidence considered by the Secretary, applicable laws and regulations, identification of findings favorable to the claimant, or an explanation of how to obtain or access evidence used in making the decision, to include the assigned Tier level. The Board has therefore remanded this matter for proper notification.

The Board has determined that there is a pre-decisional duty to assist error in the AOJ's decision and remands the case for further action, including obtaining an addendum medical opinion.

The Board has decided that the Veteran's claim for TDIU should be remanded due to a duty to assist error. The AOJ is required to obtain SSA records related to the Veteran's disability benefits.

The Veteran's claim for an initial disability rating in excess of 30 percent for service-connected other specified trauma and stressor disorder is being remanded due to a duty to assist error. The VA examiner did not adequately consider all symptomology associated with the Veteran's condition throughout the period on appeal.

The Veteran's right big toe joint replacement, with residuals, is rated at a 30 percent rating for the entire appeal period.

The Veteran was awarded SMC at the R-2 level for accrued benefits purposes due to his need for personal health-care services provided on a daily basis in his home by licensed professionals, and he required assistance with ADLs and IADLs.