Other conditions Board decisions

The Veteran's constipation is rated at a 60 percent rating from January 23, 2023 onwards. SMC based on loss of use and higher level aid and attendance are denied.

The Veteran's eligibility for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to inadequate notice in the April 2021 decision. The claim will be evaluated again using the correct statutory criteria for 'need for supervision, protection, or instruction' as per the Federal Circuit ruling in Veteran Warriors v. Secretary of Veterans Affairs.

The Veteran's service-connected disabilities have a combined evaluation of 100 percent, making the issue of Total Disability Rating for Individual Unemployability moot and dismissed.

The Veteran's appeal regarding recognition of his spouse and children for the purpose of receiving an increased rate of compensation based on additional dependency allowance has been withdrawn by the appellant through their attorney.

The Board has dismissed the appeals for payment of non-VA medical services provided on December 18, 2020 and December 27, 2020 as both claims were administratively approved.

The Veteran's biological child, C. N. S., received an earlier effective date of June 9, 2020 for additional DIC benefits due to the Appellant filing a claim on behalf of C. N. S.

The Board denied the Veteran's claim for service connection for post traumatic loss of tooth with fixed partial denture due to lack of evidence showing bone loss of maxilla or mandible as a result of in-service trauma.

The Board has found the VA examination and opinion to be inadequate, as it did not adequately address the evidence of record. The Veteran's pilonidal cysts are remanded for a new VA examination.

The Board denied the waiver of recovery of an overpayment of Department of Veterans Affairs pension benefits due to incarceration, finding that total recovery would not violate principles of equity and good conscience.

The Board has determined that the Veteran's insomnia is at least as likely as not related to his service-connected tinnitus, and thus grants service connection for insomnia.

The Veteran's right leg shin splints have not required treatment for no less than 12 consecutive months and are unresponsive to conservative treatments. The Board finds that a compensable rating is not warranted.

The Veteran's appeal for payment or reimbursement of a non-VA medical service provided on November 29, 2023 is dismissed as the applicable statutes and regulations do not allow for Board review in this case.

The Veteran's remains were buried in a state cemetery, not a national one. Therefore, the claim for reimbursement of burial transportation expenses is denied.

The Veteran's back disability is rated at 40 percent, which is the maximum rating available under the applicable diagnostic codes. The appeal for a higher rating is denied.

The Veteran's death was not due to a service-connected condition, and therefore no additional burial benefits are available. The Appellant has been awarded the maximum allowable amount of $2,000 for burial expenses.

The appeal for burial benefits has been dismissed due to the appellant's death during the pendency of the appeal.

The Board has remanded the Veteran's claims for service connection for COPD, a neurological disorder, diabetes, and sleep apnea, as well as his claim for an increased evaluation for acid reflux due to in-service exposure at Camp Lejeune.

The Board has determined that the Veteran's disability manifested by fatigue and muscle pain, which he claims as fibromyalgia, is due to an undiagnosed illness and began during service in the Southwest Asia theater of operations. The decision grants service connection for this condition.

The Veteran's claim for payment or reimbursement of medical expenses from a non-VA facility on June 11, 2021 is remanded due to the lack of supporting documentation. The AOJ must provide the Veteran with an opportunity to clarify details and submit relevant medical and billing documents.

The Board has determined that the claims file is incomplete and requires additional information related to the Veteran's service dates and any previously established service connection. The case is being remanded for this purpose.