Other conditions Board decisions

The Veteran is found eligible for a higher-level stipend (Level 2) under the PCAFC program due to his inability to self-sustain in the community, requiring full dependence on the caregiver for activities of daily living and supervision.

The Board found that the reduction of the Veteran's nonservice-connected pension benefits, effective February 1, 2020, was proper due to a change in countable income from Social Security Administration (SSA) benefits.

The Board has determined that the October 2021 rating decision denying compensation under 38 U.S.C. § 1151 for residuals of right elbow surgery is incorrect due to a pre-decisional duty to assist error, and thus remands the case for further action.

The Veteran's claims for increased ratings of his service-connected right thumb and elbow disabilities have been denied. The right thumb disability is currently rated at 10 percent, while the right elbow disability has been rated as 20 percent from September 22, 2015 to September 25, 2019, and 10 percent thereafter under Diagnostic Code 5213 for limitation of supination and pronation. The Veteran's claims are not related to a presumption like PACT Act/Agent Orange/Camp Lejeune exposure.

The Veteran withdrew their appeals for SMC based on aid and attendance, a higher level of SMC under 38 C.F.R. § 1114(o), a higher level of SMC under 38 U.S.C. § 1114(r)(2), and SMC based on loss of use both feet.

The appeal is dismissed due to the death of the appellant.

The Veteran's appeals for special monthly compensation (SMC) based on aid and attendance, loss of use of both feet, and issues related to CUE in rating decisions have been dismissed.

The Board has decided to remand the case due to inadequate examination opinions and a need for an addendum opinion regarding the etiology of the Veteran's gout, including its relationship to service-connected diabetes.

The Veteran's readjustment pay was properly recouped from her VA disability compensation, as it is a statutory requirement. The appeal is denied.

The Veteran's cause of death, colon cancer, is granted as service-connected due to exposure to Agent Orange during his military service in Vietnam. Accrued benefits claim for the appellant are denied.

The Veteran's schizoaffective disorder resulted in total occupational and social impairment prior to May 2, 2019. The Board granted a 100 percent disability rating for this condition.

The Veteran's claim for service connection for a bilateral foot condition is being remanded due to a duty to assist error. The claim was previously filed but not adjudicated.

The Board dismissed the appeal for payment of non-VA medical care provided by Aegis Sciences Corporation (ASC) on January 26, 2021, as the process for billing under the VCCP does not allow for Board review.

The Board has granted service connection for an acquired psychiatric disability, specifically unspecified trauma and stress related disorder, due to the Veteran's in-service experiences. The evidence is at least in equipoise as to whether the Veteran has this condition.

The Veteran's claims for earlier effective dates have already been granted in a March 2022 rating decision, and the appeal is dismissed as moot.

The Board has decided to remand the case due to a need for an opinion regarding whether the Veteran's squamous cell carcinoma is related to service. The claim will be reconsidered with this new information.

The Board has remanded the case due to a duty-to-assist error, requiring an adequate medical opinion on the etiology and relationship between systemic psoriatic arthritis and service-connected conditions.

The Veteran's claim for an effective date earlier than March 25, 2021, for the award of a 100 percent disability rating for reactive arthritis is denied. The Board found that the Veteran did not continuously pursue his August 2007 service connection claim and therefore, the earliest date as of which it was factually ascertainable that an increase in disability has occurred is March 25, 2021.

The Board has remanded the case due to inadequate medical examination and opinion regarding the Veteran's left heel ulcer, to include a left heel lesion. The examiner is requested to provide an updated assessment of the condition, its onset during service, and its relationship to any pre-existing conditions.

The Board denied the Veteran's claim for service connection as there is no evidence of a causal relationship between her current heart conditions and active duty service.