Other conditions Board decisions

The Board has granted service connection for the Veteran's cause of death due to colon cancer, which was caused or contributed substantially or materially to his death. The claim for accrued benefits is denied as there were no pending claims at the time of the Veteran's death.

The Veteran's claim for SMC based on aid and attendance was remanded due to a pre-decisional duty to assist error. The AOJ should review the January 12, 2024 VA aid and attendance examination report and readjudicate the claim.

The Board denied the Veteran's request to waive an overpayment of VA compensation dependency benefits due to his failure to notify VA about his divorce, finding that the fault lies with him and there was no undue hardship or unjust enrichment from non-repayment.

The Board has determined that additional development is necessary to correct a pre-decisional duty to assist error in the TDIU and DEA claims. The AOJ will need to obtain updated employment history for the relevant time period from 2013 to 2018, including contact with employers and educational institutions.

The Veteran's right thumb disability is rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Veteran's claim for special monthly compensation (SMC) based on anatomical loss of both breasts is denied because he is not a female veteran and therefore does not meet the criteria for SMC under 38 U.S.C. § 1114(k).

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied in March 2019. The effective date of the TDIU award is September 3, 2020, as this is the earliest possible effective date given that no earlier claims were filed.

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

The Board denied the Veteran's claim for service connection for cause of death due to his service-connected conditions, finding that none of his service-connected conditions contributed to his cause of death.

The Board denied the Veteran's request for an earlier effective date prior to May 4, 2018, for individual unemployability. The decision found that the procedural clock started on May 4, 2018, when the Veteran first submitted a claim.

The Veteran's bilateral dry eyes are not secondary to his service-connected pterygium of the left eye and are not otherwise related to an in-service injury or disease.,The Veteran's inactive pterygium of the left eye has caused no documented incapacitating episodes.

The Veteran's claim for service connection for adjustment disorder with depressed mood, chronic (claimed as a mental disorder with insomnia) is granted.

The appeal for payment or reimbursement of non-VA medical services provided on July 15, 2020 is dismissed as the episode of care was already processed and paid according to VA policy.

The Board has found a pre-decisional duty to assist error in not verifying the Veteran's exposure to asbestos during his service at the Air Force Academy Chapel. The claim is remanded for further development, including obtaining an examination and opinion regarding the relationship between the Veteran's chronic lymphocytic leukemia and service.

The appeal for Special Monthly Compensation (SMC) based on Aid and Attendance is dismissed due to the Veteran's death. The claim was also untimely as the Notice of Disagreement was filed more than one year after the rating decision.

The Veteran's esophageal cancer is not service-connected, and the Board denies entitlement to service connection for cause of death due to esophageal cancer.

The Board has dismissed the appeal for lack of a timely notice of disagreement, as the issue was adjudicated in the March 2020 Rating Decision.

The Veteran's service-connected other specified trauma and stressors related disorder is granted an initial 70 percent disability rating. The appeal for entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

The appeal for payment of non-VA medical services provided on July 29, 2020 is dismissed due to a defect in the claims processing rules.

The Board has granted the appellant's claim to be recognized as a substitute for any claims pending at the time of the deceased claimant's death. The original claims by the deceased claimant are now remanded for initial adjudication.