Other conditions Board decisions

The Board has decided to remand the case due to an inadequate examination for addressing the symptoms and frequency of hoarseness caused by residuals of peritonsillar abscess.

The Board denied the Veteran's request for a waiver of overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience due to fault on the part of the Veteran, lack of undue hardship, and unjust enrichment.

The Veteran's brain tumor is at least as likely as not related to his in-service exposure to herbicides, specifically Agent Orange. Service connection for the brain tumor is granted.

The Board has granted service connection for the Veteran's acquired psychiatric disorder, including other specified trauma and stressor related disorder, finding it is related to his military service.

The Veteran's daughter, T.S., is denied recognition as a helpless child due to insufficient evidence showing she was permanently incapable of self-support prior to turning 18.

Your appeal for service connection of pancreatic cancer has been dismissed due to the Veteran's death. The case will not be resumed unless someone requests substitution.

The Board denied the claim for payment of unauthorized non-VA medical expenses because the condition (pink eye) was not considered an emergent situation, and there were other appropriate facilities available.

The Board has dismissed all claims of service connection for metastatic mucinous adenocarcinoma, as the Veteran's NODs were untimely and no waiver was provided.

The Veteran's claims for service connection for cancer of the lymph nodes-neck area and squamous cell carcinoma, right tongue are being remanded due to a pre-decisional duty to assist error. The Board is requesting an updated medical opinion regarding the relationship between these conditions and in-service exposure to toxic exposures, including burning feces/burn pits.

The Board has identified a pre-decisional duty to assist error and must remand the issue to the AOJ for further development due to incomplete medical records. Specifically, all records contained in Vista Imaging, including a full copy of the informed consent from the January 2007 umbilical hernia repair, should be obtained and associated with the file.

The Veteran's appeal for an earlier effective date for J.M. as a dependent school aged child was denied because the evidence showed that he was not enrolled in full-time school between May 20, 2020 and March 1, 2022.,Dependency benefits for C.M. were restored based on his enrollment in college starting from November [REDACTED], 2017.

The Board has restored the Veteran's 20% disability rating for his left foot condition, effective May 1, 2022. The Veteran is not entitled to a higher rating.

The overpayment of VA compensation benefits for a dependent spouse was properly created, and the appeal is denied.

The Veteran seeks payment for non-VA medical treatment provided on July 23, 2022. The AOJ denied the claim due to past 90-day timely filing and lack of adequate notice. The Board is remanding the case to provide proper notice and obtain missing documents.

The Veteran's adjustment disorder with chronic depressed mood has been granted a disability rating of 70 percent, but not higher, throughout the period on appeal.

Your appeals for service connection for liver cancer and esophageal cancer have been dismissed due to the Veteran's death. The appeal is not about a claim of exposure to specific substances or environments, nor does it involve any presumption-based claims under the PACT Act, Agent Orange, Camp Lejeune, or Gulf War scenarios.

The Veteran's claim for an earlier effective date for additional benefits based on his dependent child's school attendance is denied. The Board found that the criteria were not met as the claim was filed more than one year after M.D.'s 18th birthday and commencement of her course.

The Veteran's claim for an earlier effective date for a 30 percent rating for her heart disability was denied as it is not factually ascertainable that the increase in severity of her condition took place within one year prior to the receipt of her increased rating claim. The earliest possible effective date would be December 14, 2020.

The Veteran's child, T., was removed from his VA disability compensation award due to attaining the age of 18 and not being in school. The appeal is denied.

The appeal for Aid & Attendance was dismissed as the appellant listed above was not a substitute when the Notice of Disagreement was received, and no request to substitute had been granted by the AOJ.