Other conditions Board decisions

The Board has decided that the Veteran's claim for an annual clothing allowance for the 2020 calendar year is remanded due to missing relevant documents from VHA. The AOJ needs to reconstruct the record and associate all pertinent records before it at the time of the VHA decision.

The appellant withdrew her appeal for apportionment of the Veteran's disability benefits, and the case is dismissed as a result.

The Veteran's service-connected disabilities did not render her unable to secure and follow a substantially gainful occupation at the time of the July 2022 rating decision, as she had been working full-time as a psychology counselor until recently retiring.

The Board has granted the appellant's claim for survivor pension benefits. The appeal of special monthly pension based on need for aid and attendance is remanded.

The Board has determined that the Veteran's timely substantive appeal for a TDIU was received, and the claim is granted. The AOJ must docket the issue of entitlement to TDIU under docket number 15-33653, issue an SSOC with consideration of all evidence of record, and return this legacy appeal to the Board for further adjudication.

The Veteran's right middle finger disability is granted an increased rating of 30 percent, but not greater, for pain, numbness, and limited motion causing reduced grip strength.

The Board dismissed the Veteran's claim for an earlier effective date prior to July 12, 2017 for his grant of total disability rating based on individual unemployability (TDIU) as there was no continuous pursuit under AMA and the decision is final.

The Veteran was initially awarded Level 2 benefits under the PCAFC program. As he and his caregiver-spouse were already receiving the maximum benefit, the claim for a higher level of stipend is dismissed as moot.

The Veteran's annual income exceeded the maximum annual pension rate (MAPR), thus denying his claim for nonservice-connected pension benefits.

The Veteran's onychomycosis was found to have developed during military service, and the Board granted service connection for this condition.

The Veteran's claims for compensable ratings for left and right leg shin splints were denied as the evidence did not show that his shin splints required treatment lasting more than 12 consecutive months or were unresponsive to conservative treatment.

The Board has determined that the eligibility determination for PCAFC benefits is legally inadequate and requires further review by the Centralized Eligibility and Appeals Team (CEAT).

The Board has dismissed the Veteran's claims for an earlier effective date for Total Disability Rating Based on Individual Unemployability (TDIU) and Dependents' Educational Assistance (DEA) as these issues were already adjudicated by a previous decision.

The Veteran's reduction from a 70 percent to a 30 percent evaluation for his service-connected cognitive impairment was improper. The Board has restored the 70 percent rating effective July 1, 2022.

The Board denied the Veteran's claim for service connection for lymphoma as there was no persuasive evidence showing a diagnosis of lymphoma during his active duty.

The Veteran's left wrist carpal instability/strain with arthritis and chronic right wrist sprain are rated as 10 percent disabling. The Board denied a higher rating, finding no ankylosis.,The Veteran seeks service connection for ventral hernia status post umbilical hernia repair. The VA examiner opined that the condition is less likely caused by service, but this opinion was inadequate due to lack of consideration of lay evidence.

The Veteran's surviving spouse had due and unpaid accrued benefits in excess of $6,140 at the time of her death. The appellant is owed these accrued benefits as she paid expenses for the surviving spouse's last sickness.

The Veteran's service-connected disabilities did not substantially contribute to his employment handicap, and he was found employable with his current skills, training, and education. The Board denied VR&E benefits as the Veteran did not meet the criteria for an employment handicap.

The Veteran's claim for payment or reimbursement of air ambulance expenses incurred on July 28, 2020 is being remanded due to the need to obtain private treatment records and provide adequate notice.

The Veteran's claim for a disability rating greater than 60 percent for service-connected right femoral fracture with patellofemoral syndrome was denied. The Board found that the evidence did not indicate loose motion, and thus the Veteran is not entitled to a higher rating.