Other conditions Board decisions

The Veteran's claim for a higher rating for left upper extremity cubital tunnel syndrome was granted, with a 20% rating effective from January 1, 2022. The claim for the left elbow scar received a 10% rating based on pain.

The Board has decided to remand the claim of service connection for clubbing fingers due to a duty-to-assist error, requiring an examination.

The Board denied service connection for both left and right feet injuries claimed as frostbite, finding no credible evidence of such conditions during or after service.

The Veteran's resection of large intestine, colon cancer, and irritable colon has been granted a disability rating of 30 percent.

The Board has determined that the revocation of PCAFC eligibility was not properly handled, as no advanced notice was provided before the final decision. The case is being remanded to correct this error.

The Veteran's claims for an earlier effective date and recognition of dependents were denied. The Board found that the children did not meet the eligibility criteria as they were over 18 years old, not pursuing education, and not members of the Veteran's household.,The Veteran failed to notify VA of his current spouse and stepchildren within one year of their existence, which is a requirement for dependency benefits. The effective date was set at December 14, 2020.

The Board dismissed the appeal due to a claims processing rules defect, as the Notice of Disagreement (NOD) did not identify an appealable decision or issue.

The Board is remanding the case due to a pre-decisional error in not consulting with an OIG Fugitive Felon Coordinator regarding the Veteran's good faith efforts to clear the warrant, and for addressing the proper calculation of the overpayment.

The Board has remanded the claim of entitlement to TDIU prior to January 9, 2022 due to a duty to assist error and will need to adjudicate the merits of the claim.

The Veteran's adopted child, J., was not living in the Veteran's household at the time of his death. Therefore, the claim for recognition of J. as the Veteran's adopted child to establish her as a dependent of the Veteran's surviving spouse for DIC purposes is denied.

The Board has decided to remand the case due to errors in the decision process and insufficient evidence, including missing medical bills and notices of entitlement.

The Veteran's right and left hip tendonitis are currently rated at 10 percent, but the Board finds that they do not warrant a higher rating based on the evidence of record.

The appeal has been dismissed as the AOJ administratively approved the claim for payment of non-VA medical services provided on July 3, 2020.

The Veteran's left hip disability, characterized by limited flexion and rotation, is currently rated at 10 percent. The Board found that the evidence does not support a higher rating based on these conditions.

The Board dismissed the appeal seeking payment for medical services provided through VA's Community Care program on January 13, 2021. The process does not allow for appellate review by the Board.

The Veteran's appeal for a higher disability rating for his service-connected TMJ disorder is remanded due to the need for a new VA examination to assess the nature, frequency, and severity of his reported flare-ups.

The Board has dismissed the appeal for an earlier effective date for special monthly compensation based on housebound status as it was previously addressed in a prior decision.

The Board has determined that J.M. can be recognized as the Veteran's surviving spouse for VA purposes due to her continuous cohabitation with him from their attempted marriage in July 1993 until his death in March 2011, and no other claimant is entitled to gratuitous VA benefits.

The Veteran's claims for higher ratings for traumatic arthritis of the left foot and TDIU prior to December 29, 2014 are remanded due to a lack of proper notification for scheduled VA examinations.

The Board has found that the VA examination and medical opinion provided were insufficient to adjudicate the Veteran's claim for service connection for anemia. The case is being remanded to obtain a new medical opinion regarding the nature and etiology of the Veteran's claimed anemia, including his exposure to herbicide agents during service.