Other conditions Board decisions

The Board has remanded the claim for further development due to a duty to assist error, and will consider evidence of in-service exposure to herbicide agents during service.

The Veteran's death was not service-connected, and therefore he is ineligible for burial benefits.

The Veteran's arteriosclerotic heart disease is now rated at 100 percent, and he has additional service-connected disabilities independently ratable as 60 percent disabling. Therefore, his appeal for a TDIU is dismissed due to the grant of a total schedular rating.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a right eye disability status post cataract eye surgery, finding that the proximate cause of the additional disability was not carelessness, negligence or similar incident of fault on the part of VA in furnishing the medical or surgical treatment.

The Veteran's appeal has been dismissed due to his death, and the claim for special monthly compensation benefits based on need for aid and attendance is moot.

The Board has decided that the issue of reasonableness of attorney fees awarded in a November 2016 rating decision is not clear and needs further review. The Veteran must be notified about his rights to appeal this decision, including the right to a hearing and representation.

The Board has decided that the eligibility for benefits under VAs Program of Comprehensive Assistance for Family Caregivers (PCAFC) is remanded due to inadequate notice and an incorrect medical determination.

The Board has determined that the Regional Office (RO) committed a pre-decisional duty to assist error and the Veteran's claim for service connection for left great toe disorder must be remanded.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal in writing.

The Veteran's eligibility for PCAFC benefits is being remanded due to inadequate notice in the initial decision, and the need for supervision, protection, or instruction must be evaluated under the correct statutory criteria.

The Veteran's claim for an effective date prior to January 17, 2017, for service connection of chronic adjustment disorder with depressed mood was denied. The claims for initial disability ratings in excess of 50 and 70 percent for the same condition were also denied.

The Veteran's death was service-connected, and the Appellant was awarded DIC benefits. She later remarried but her DIC benefits were terminated due to a general rule barring eligibility for status as a surviving spouse upon remarriage. The Board granted recognition of the Appellant as the Veteran's surviving spouse for purposes of DIC benefits because her remarriage was terminated by death.

The Board has remanded the claim of service connection for esophageal cancer, finding that a VA examination is needed to determine if the Veteran's exposure to herbicides during service caused his current condition.

The appeal was dismissed because the appellant's authorized representative requested to withdraw the appeal before a decision could be made.

The Board dismissed the appeal of the issue regarding special monthly compensation based on the need for regular aid and attendance for the Veteran's spouse as there was no valid claim filed.

The Board has granted the Veteran's claim for Total Disability due to Individual Unemployability (TDIU) and awarded Dependents' Educational Assistance (DEA). The appellant is eligible for direct payment of attorney fees from benefits resulting from this decision.

The Board found that the overpayment of $65,986.17 was due to VA administrative error and granted the appeal for this issue.

The Board has remanded the claim of service connection for esophageal cancer, finding that a VA examination is needed to determine if the Veteran's exposure to herbicides during service caused his current condition.

The Veteran's appeal has been dismissed due to his death, and the claim for special monthly compensation benefits based on need for aid and attendance is moot.

The Board has remanded the Veteran's claims for a compensable rating for residuals of left little finger fracture and service connection for a left hand disability due to scheduling issues with VA examinations.