Other conditions Board decisions

The Veteran's surviving spouse received a past-due benefits award in the April 2020 rating decision. The appellant, who is her attorney, was awarded 20% of this amount based on the July 2020 fee decision. The appellant appealed for additional fees but the Board found that he had already been awarded the correct percentage and denied his appeal.

The Board has decided that the AOJ did not exhaust all efforts to reconstruct and associate relevant documents with the electronic record, particularly related to a denied claim for durable medical equipment. The matter is therefore remanded for further action.

The Board has remanded the case due to conflicting opinions regarding whether the Veteran's heart condition is related to his in-service herbicide agent exposure. The VA examiner found it less likely than not that the heart condition is due to herbicide exposure, citing a history of alcohol abuse and non-ischemic cardiomyopathy.

The Board has restored the Veteran's total disability rating based on individual unemployability (TDIU) effective January 1, 2019. The decision concludes that actual employability was not established by clear and convincing evidence at the time of the reduction in TDIU.

The Board has remanded the claims for service connection, SMC, and DEA benefits due to an eye condition. The VA is instructed to obtain a new medical opinion regarding the nature and etiology of any left eye conditions throughout the appeal period.

The Board has decided to remand the Veteran's claims for service connection and TDIU due to a lack of a VA examination, which is necessary to determine if his polio clearly and unmistakably preexisted service or was aggravated by service.

The Board has decided to remand the case due to a lack of a VA examination, and the Veteran's claim for service connection is related to aggravation. The examiner must assess whether the current condition is at least as likely as not caused by or related to service.

The Veteran's deviated nasal septum is rated as noncompensable, and the right tibia disability remains denied. The Board finds a duty to assist error occurred in the July 2020 rating decision for the right tibia issue.

The Board dismissed the appeal for a total rating for compensation purposes based upon individual unemployability due to service connected disabilities (TDIU) as it has been granted and no allegation of error remains.

The appeal for payment of the cost of non-VA emergency medical care provided on September 8, 2019, is dismissed as the claim was administratively approved.

The Board has decided to remand the case due to a duty to assist error and requires an additional VA medical opinion regarding the etiology of the Veteran's bleeding ulcers.

The Board has decided to remand the case due to a failure to address the Veteran's claim for service connection of stroke as secondary to his now service-connected atherosclerotic cardiovascular disease. The VA needs to obtain an etiology opinion from an appropriate clinician.

The Veteran's eligibility for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to a duty-to-assist error. The Board finds that the decision did not adequately assess whether the Veteran requires personal care services or has a need for supervision, protection, or instruction.

The Board denied the claim of service connection for cause of death due to AML, finding that there was no evidence to support a causal link between the Veteran's exposure to herbicides and his development of AML.

The Veteran's claim for payment or reimbursement of non-VA medical expenses incurred due to a diabetic episode is being remanded as the AOJ has not provided sufficient information regarding the date of service, services provided, and any action taken to obtain payment from a third party.

The appeal was dismissed as the VHA administratively approved the appellant's claim for payment of non-VA medical services provided to the Veteran from January 1, 2020, to January 31, 2020.

The Veteran's service connection claim for other trauma related disorder is granted as her current diagnosis of the condition is related to active service.

The Veteran's appeal for eligibility to participate in the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to legal and regulatory issues, including an invalid interpretation of supervision, protection, or instruction criteria. The AOJ must provide a new CEAT review using correct statutory criteria and ensure proper notice to the Veteran.

The Veteran's income exceeded the maximum annual pension rate, so he is not eligible for nonservice-connected (NSC) pension benefits.

Your annual clothing allowance for a back brace has been granted by the VA. The appeal is dismissed as your claim was already resolved in favor of you.