Other conditions Board decisions

The Veteran's benefits were not apportioned because he and his spouse were still residing together at the time of the September 2020 decision, making him ineligible for apportionment.

The Board dismissed the appeal of the claim for Dependency and Indemnity Compensation (DIC) based on service connection for the cause of death due to a procedural error in using the AMA appeals system when the issue remained exclusively in the Legacy appeals system.

The Board has remanded the case due to errors in obtaining necessary medical opinions and records, particularly regarding exposure to ionizing radiation and commercial herbicides. The Veteran's death was caused by diffuse large B-cell lymphoma but there is no clear evidence of service connection for cause of death.

The Board has remanded the case due to an inadequate VA examination, and a new one must be conducted to determine if the Veteran's pes cavus is a congenital defect or disease, and whether any additional disability was related to service.

The Board denied the Veteran's claim of CUE in the May 1994 rating decision that awarded service connection for chondromalacia patellae of both knees and assigned a single 10 percent rating, finding no clear and unmistakable error.

The Board has determined that the Appellant is eligible for attorney fees based on past-due benefits awarded in a July 2021 rating decision, as it found clear and unmistakable error (CUE) in a February 1982 rating decision regarding SMC(r)(1).

The Veteran's claim for additional Post 9/11 GI Bill (Chapter 33) education benefits is denied as he did not exhaust his MGIB entitlement prior to electing Chapter 33 benefits, limiting him to a maximum of 36 months under either program.

The Veteran's service connection claim for residuals of a cerebrovascular accident (stroke) is granted, as the evidence shows that his current disability originated during service.

The Board has granted the Appellant's claim for recognition as the Veteran's surviving spouse, finding that there was continuous cohabitation due to a separation caused by the Veteran's misconduct without fault of the Appellant.

The Board has found that there was a pre-decisional duty to assist error due to the cancellation of VA examinations for chronic conjunctivitis with photophobia. The claim is being remanded to obtain an adequate VA examination.

The Board dismissed the appeal as the appellant requested to withdraw it.

The Board has remanded the claims of service connection for a malignant brain tumor, SMC based on aid and attendance/housebound, and the cause of the Veteran's death due to inextricably intertwined issues. The remand requires obtaining a VA etiological opinion regarding the nature and etiology of the Veteran's brain tumor.

The Board has determined that there was a duty-to-assist error in the initial decision and requires an adequate medical opinion from the Centralized Eligibility and Appeals Team (CEAT) regarding eligibility for PCAFC benefits.

The Veteran's appeal for a total disability evaluation based on individual unemployability (TDIU) was dismissed due to the Veteran's death during the pendency of the appeal.

The Board denied the Veteran's claim for an apportionment of his VA disability compensation, finding that he reasonably discharges his responsibilities to his dependents and that the appellant does not demonstrate hardship.

Your travel expenses for the July 5 and July 6, 2022, VA medical appointments have been administratively approved. The appeal is dismissed as these issues are resolved.

The Board found the Veteran competent and dismissed the appeal.

The appeal seeking payment or reimbursement for the cost of non-VA ambulance transportation incurred on March 28, 2020, is remanded due to missing evidence and a need to correct a pre-decisional duty to assist omission.

The Board granted an initial 60 percent disability rating for impairment of sphincter control due to 3rd degree episiotomy, resolving reasonable doubt in the Veteran's favor.

The Veteran's claim for an earlier effective date prior to March 16, 2007, for TDIU is remanded due to the need for extraschedular consideration. The Board found that while the Veteran has a service-connected condition (CAD), he cannot secure and follow substantially gainful employment.