Other conditions Board decisions

The Veteran's appeal for special monthly compensation based on the need for aid and attendance has been dismissed due to their death. The Board does not have jurisdiction to adjudicate this appeal as the appellant (Veteran) has died.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's non-Hodgkin's lymphoma is secondary to her service-connected conditions, specifically residuals of splenectomy with thrombocytopenia and anemia.

The Board has dismissed the appeal regarding the finding of incompetency and remanded the issue of whether Carolina Fiduciary Services should manage the Veteran's VA benefits. The decision is pending further development to determine if the Veteran's daughter, M.B., would be a suitable fiduciary.

The Board has remanded the case due to issues with service connection for the Veteran's cause of death and exposure to toxic substances during his military service in Okinawa, Japan. The AOJ is required to attempt to obtain the Veteran's service treatment records and properly develop Toxic Exposure Risk Activities (TERAs).

The Veteran's claim for service connection for blurred and double vision, claimed a fruste keratoconus, was granted in March 2022. The Veteran acknowledged this grant during his hearing and withdrew the claim.

The Board denied the Veteran's claim for service connection for benign prostatic hyperplasia, finding that there is not sufficient evidence to support a link between his current condition and his active duty service or any service-connected disability.

The Veteran's appeal for a higher rating for gastritis has been withdrawn by the appellant's authorized representative.

The Board denied the Appellant's claim for an earlier effective date for service connection for the Veteran's cause of death, finding that she did not file a claim prior to March 10, 2020. The decision also noted that there was no legal requirement for DIC benefits to be filed after underlying service connection is awarded.

The Veteran's right testicular cancer with orchiectomy is remanded due to duty-to-assist errors, including the need for a TERA examination and opinion.

The Board denied the Veteran's claim for service connection of a left hip disorder, finding that there is no current diagnosis of such condition and insufficient evidence to support a link between service and any reported symptoms.

The Veteran withdrew his appeal, and the Board dismissed it due to lack of allegations of errors of fact or law.

The Board has determined that the Veteran's metastatic cholangiocarcinoma, which caused his death, was at least as likely as not proximately due to his active-duty service. Therefore, entitlement to service connection for the cause of the Veteran's death is granted.

The appeal was dismissed because the Veteran withdrew it before a decision could be made.

The Board has decided that the Veteran's claim of entitlement to service connection for gout should be remanded due to a duty to assist error. The Veteran was not provided with an examination and relevant medical records have not been obtained.

The Board has decided to remand the case due to incomplete records and a lack of proper notice under 38 U.S.C. § 5104, as well as an inadequate medical opinion regarding eligibility for PCAFC benefits.

The Board has determined that the July 2021 decision denying eligibility for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) is legally inadequate and requires remand. The Veteran was not provided adequate notice regarding what evidence or argument could support an appeal, and a new medical determination considering all medical information of record is needed to correct the pre-decisional duty to assist error.

The Board has decided to remand the Veteran's claim for VR&E benefits due to a pre-decisional duty to assist error, specifically regarding the change in her vocational rehabilitation goal and extension of VR&E benefits due to TDIU. The case will be returned to the AOJ for further review.

The Veteran's claim for reimbursement of non-VA medical services on February 10, 2020 is denied as he was not treated in the VA healthcare system within the 24-month period preceding this episode of care.

The Veteran's claim for special monthly compensation (SMC) based on aid and attendance was denied in January 2021. However, a full grant of the benefits sought was provided by a March 2021 rating decision with an effective date of June 29, 2017. The Board dismissed the appeal as there is no controversy remaining.

The Veteran's heart condition, specifically congenital bicuspid aortic valve with mild left ventricle hypertrophy, aortic root dilation, aortic regurgitation, and pericarditis, is now rated at 60 percent effective February 1, 2020. The claim for increased rating for his heart condition is granted.