Other conditions Board decisions

The Board has determined that there is no justiciable case or controversy regarding the issue of whether the Veteran is competent to manage VA benefits, and thus dismissed the appeal.

The Board has determined that the February 2024 decision denying eligibility for PCAFC benefits is legally inadequate and requires further development. The Veteran's claim will be remanded to obtain a new medical opinion from the Centralized Eligibility and Appeals Team (CEAT) regarding his eligibility.

The Veteran's gastrointestinal disability, including GIST and malignant spindle cell gastrointestinal neoplasm attached to the diaphragm, is granted as due to herbicide exposure (Agent Orange).

The Veteran's claim for an earlier effective date for DEA benefits is being remanded due to the inextricability with his TDIU claim, which remains pending. The VA will consider all evidence at the time of the April 2022 decision on appeal.

The Board denied the Veteran's request for an earlier effective date for the award of special monthly compensation (SMC) based on aid and attendance, finding that the evidence did not establish a need for such benefits prior to May 17, 2023.

The Board has determined that the termination of VA compensation benefits due to the Veteran's fugitive felon status from August 25, 2021 (subsequently restored on March 8, 2024 after resolution of the fugitive felon warrant) was proper and denied the appeal.

The Board denied the Veteran's claims for earlier effective dates of service connection for Wilson's disease and its associated symptoms, finding that the March 18, 2014 claim was not a petition to reopen an existing claim but rather a new claim. The effective date assigned in the August 2022 rating decision is therefore March 18, 2014.

The appeal is dismissed as the AOJ administratively approved payment for non-VA medical care provided to the Veteran on September 29, 2020.

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.