Other conditions decisions — 2009

The Board has ordered a remand for further development and adjudication of the Veteran's claim for service connection for bilateral hand arthritis, including an examination to determine the likely etiology of his disability.

The Board denied the appellant's petition to reopen her claim for service connection for cause of death, finding that new and material evidence was not submitted.

The Board has determined that the Veteran's current diagnosis of recurrent basal cell carcinoma is not related to his service, including any claimed 'jungle rot' or sun exposure during service. The claim for service connection for this condition is denied.

The Veteran's service-connected stress fracture of the right foot is currently rated at 20 percent, but her symptoms do not warrant a higher rating as they are consistent with moderately severe disability.

The Board has remanded the case for additional development, including obtaining VA treatment records and possibly another examination to determine the nature, extent, onset, and etiology of any psychiatric disorder found to be present.

The Veteran's service-connected stress fractures of the left and right heels are currently rated at 10 percent each, with no higher ratings granted. The evidence does not support a rating in excess of 10 percent for either foot.

The Veteran's death was not service-connected, and he did not meet the requirements for a burial or plot allowance. The Board denied both claims due to lack of evidence supporting eligibility.

The Board found that the Veteran's death was not caused by or aggravated by a service-connected disability and the service-connected disability did not contribute to cause his death.

The Board has determined that the appellant and the Veteran had a common law marriage since at least 1980, which is deemed valid under VA regulations. Therefore, the appellant's claim for recognition as the surviving spouse of the Veteran for the purpose of receiving VA death benefits is granted.

The Veteran's claim for an initial compensable rating for his service-connected deviated nasal septum is being remanded due to the need for a VA examination and updated treatment records.

The Board is remanding the case to determine if the Veteran served in Vietnam and was exposed to Agent Orange, which could affect his claim for service connection for the cause of death.

The Board denied the appellant's application to reopen her service connection claim for the cause of the Veteran's death, finding that new and material evidence had not been submitted.

The Board found that the Veteran does not have residuals of a cold injury to the lower extremities and denied his claim for service connection.

The Board has determined that there is a need for additional development and remands the case to the RO via the Appeals Management Center (AMC). The appellant will be provided corrective VCAA notice regarding service-connected conditions at the time of her husband's death, as well as information on how to substantiate a DIC claim based on a previously service-connected condition or a condition not yet service-connected.

The Veteran's claim for service connection for a left eye condition was denied as there is no current diagnosis of such a condition.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of his gouty arthritis and right thumb condition.

The Board has reopened the Veteran's claim for service connection for a pustular rash disorder and finds that new and material evidence has been presented. The Veteran incurred a pustular rash disability during service, which has been recurrent since then.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) remains pending.

The Board has determined that the Veteran's arthritis of both hands and residuals of cold injury to the hands are not attributable to cold injuries during service, and thus denied his claims for service connection.

The Board dismissed the appeal because the appellant's notice of disagreement (NOD) was untimely filed after the one-year period for filing a NOD had expired.