Other conditions Board decisions

The Board has found that the AOJ committed a pre-decisional duty to assist error by failing to associate the Veteran's Veterans Health Administration (VHA) claim file with the electronic record. The matter is REMANDED for obtaining and associating all relevant documentation from the VHA file pertaining to the Veteran's claim for a clothing allowance.

The Board has determined that the September 2023 decision denying eligibility for PCAFC was legally inadequate and remanded to obtain a new medical determination considering all medical information of record.

The Board denied the Veteran's request for an apportionment of his VA compensation benefits to cover expenses related to their child, G.H., due to the appellant not demonstrating financial hardship and the Veteran providing some support.

The appeal for payment or reimbursement of non-VA prescriptions was dismissed due to the Veteran's death.

The Veteran's limitations in performing his activities of daily living are consistent with being unable to sustain himself in the community, and therefore, Level 2 stipend benefits under the PCAFC are granted.

The Veteran's left foot disability, previously service-connected as bone fractures, is now rated at 30 percent effective from the date of the decision.

The appeal for payment of the cost of non-VA medical imaging provided on December 23, 2019, is dismissed because a partial payment was made and no further disagreement remains.

The Veteran's disability rating for impairment of supination and pronation of the right elbow was reduced without following due process requirements. The Board has restored the original 20 percent disability rating.

The Board has determined that the December 2023 decision denying eligibility for participation in VA's PCAFC program is legally inadequate and requires further development. The Veteran needs a new medical opinion to determine if he meets the basic medical eligibility criteria under PCAFC.

The appeal for service connection for cause of death is dismissed due to an administrative error at VA.

The Veteran's claim for a compensable rating for multinodular non-toxic goiter is being remanded due to an inadequate VA examination report. The AOJ will obtain a new VA examination to assess the presence of disfigurement associated with his service-connected goiter.

The Veteran's claims for service connection for sleep disturbance and restless limb syndrome, both secondary to his service-connected PTSD, are being remanded due to the failure of the AOJ to provide proper notice and scheduling of VA examinations.

The Veteran's service-connected bradykinesia, tremors, and muscle rigidity of the bilateral upper extremities result in loss of use of both hands, warranting a 100% rating. The Veteran is also entitled to SMC at the rate authorized under subsection (m) for loss of use of both hands.

The Board has granted service connection for pelvic pain, finding that the Veteran's current condition is related to her active-duty service and resolving all reasonable doubt in her favor.

The Veteran's claim for a compensable rating for residuals of left leg stress fracture of the proximal tibia is remanded due to failure to provide proper notification and scheduling of VA examinations.

The Board has decided to remand the case due to a duty to assist error regarding service connection for flatfeet. The Veteran's pre-existing condition of asymptomatic mild pes planus was noted prior to service entrance, and he received arch supports in August 1988 during active service. The examiner is required to determine if there was an increase in severity of the flatfeet during service.

The Board denied the Veteran's eligibility for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) as participation in PCAFC was not in his best interest.

The Veteran's bone cancer is related to his active service, and the Board has granted service connection for this condition.

The Veteran's death was due to glioblastoma multiforme, a service-connected condition. The Appellant submitted informal claims for DIC based on the Veteran's exposure to Agent Orange and his service-connected astrocytoma of the brain. The Board granted an effective date of January 1, 2010, for the award of DIC.

The Board denied service connection for left ear Eustachian tube dysfunction and right ear Eustachian tube dysfunction, as the evidence did not support a current diagnosis of an ear disability.