Other conditions Board decisions

The Veteran's claims for compensation under 38 U.S.C. § 1151 for blisters of hands and feet and dry eyes/cataracts are dismissed, but his service connection claims for these conditions as secondary to his service-connected esophageal cancer with liver metastases are granted.

The Veteran's appeals for increased ratings and earlier effective date for SMC 's' were denied. The Board found that the evidence did not support higher initial evaluations for his numbness and pain conditions, nor did it establish a basis for awarding SMC 's' prior to March 1, 2002.

The Board has remanded the case due to inadequate VA medical opinions regarding the etiology of the Veteran's inclusion body myositis. The Veteran asserts his condition is related to exposure to herbicide agents during service, but the VA examiners did not adequately address this claim.

The Board has determined that the discontinuance of VR&E services due to lack of cooperation or failure to participate was improper, and therefore restored the Veteran's VR&E services.

The Veteran's claim for service connection for right hand arthritis is denied. The Board has remanded the claim for service connection for fatigue, as a Gulf War MUCMI.

The Board has remanded the case due to insufficient evidence regarding the Veteran's periods of INACDUTRA and ACDUTRA, as well as the relationship between his current spinal injury diagnosis and any service-connected period.

The Veteran's right and left elbow flexion pain is granted effective September 29, 2010 with a 10% rating.

The Board denied the appellant's claim for dependency and indemnity compensation (DIC) pursuant to 38 U.S.C. § 1318 because the Veteran was not in receipt of a total disability rating for at least 10 consecutive years immediately preceding death or continuously since his discharge from active duty and for at least five years preceding death.

The Veteran's claim for additional VA educational assistance benefits is granted, but only for 18 days, in compliance with the maximum of 36 months of educational assistance (or its equivalent in part-time educational assistance) under Chapter 33 and the statutory cap of 48 months of aggregate benefits.

The Board has determined that the decision on appeal is remanded due to a lack of an adequate VA medical opinion regarding the etiology of the Veteran's varicose veins, specifically whether they are related to his service. The claim will be returned for further review with the addition of a new VA medical opinion.

The Board has determined that the current examination and opinion are inadequate, as they did not fully address the Veteran's lay statements regarding left foot pain during service. The Board also notes that the AOJ failed to consider a theory of secondary service connection for the left foot condition due to a service-connected back disability.

The Veteran's request for a waiver of overpayment of VA pension benefits was denied because it was not filed within the 180-day time limit following notification of indebtedness.

The Board denied the Appellant's request for an apportionment of reduced VA compensation benefits during her spouse's incarceration, finding no individual need based on the Appellant's reported income and expenses.

The appeal for initial eligibility and any accrued benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) is denied as the Veteran died before final approval into the program.

The Veteran's claim for service connection for dizziness and instability is granted. The Veteran's PTSD claim for a rating in excess of 70 percent is denied.

The Veteran's appeal is remanded due to a pre-decisional duty to assist error in the December 2020 VA examination, which did not assess her urinary incontinence symptoms.

The Veteran's appeal has been dismissed due to their death during the pendency of the appeal.

The Board has decided to remand the case due to a failure to obtain an updated VA aid and attendance examination considering changes in the Veteran's disability picture. The Veteran needs an updated examination to determine if his service-connected conditions, without consideration of non-service-connected disabilities, require regular aid and attendance.

The Veteran's tooth removal during service is not considered a dental disability for VA compensation purposes because it was due to decay, and the loss of substance of body of maxilla or mandible is required for compensation.

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