Other conditions decisions — 2010

The Veteran's appeal has been dismissed due to his death during the pendency of this appeal.

The Board has remanded the case for further development due to insufficient evidence regarding the etiology of the Veteran's squamous cell carcinoma and sinus condition.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the nature and etiology of his claimed cold injury disabilities.

The Board has determined that there is no evidence of a current right leg or bilateral arm disorder that was incurred in service. The Veteran's service treatment records are negative for any complaints, treatments, or diagnoses related to these conditions.

The Board has determined that the Veteran's claims of service connection for nerve spasms and muscle spasms should be remanded to obtain additional medical records, provide a VA examination, and readjudicate the claims.

The Veteran's service-connected bursitis of the left shoulder does not meet the schedular criteria for a rating in excess of 10 percent prior to May 15, 2009, or for a rating in excess of 20 percent as of May 15, 2009.

The Veteran's appeal is being remanded due to the need for additional development regarding his claimed radiation exposure. The RO must complete all necessary development under VA Adjudication Procedure Manual Rewrite (M21-1MR) and provide a dose estimate based on available methodologies.

The Veteran's liver disability is currently diagnosed, and the Board finds a need for a VA examination to determine its etiology. The issue remains about service connection.

The Veteran's claim for educational assistance benefits under Chapter 30, Title 38, of the United States Code is denied as there was no continuous active service from July 1, 1985, forward.

The Veteran seeks service connection for ankylosing spondylitis, which he claims is related to his military service and his service-connected malaria. The Board finds that additional development is needed before a decision can be reached.

The Board has determined that the Veteran's squamous cell carcinoma of the left tonsil is related to his exposure to Agent Orange during service, and grants service connection for this condition.

The Board denied the claim for VA death pension benefits as the appellant did not meet the legal definition of a surviving spouse.

The Board found that the Veteran's death was not caused by a disability incurred or aggravated in service, and denied his claim for service connection for the cause of his death.

The Veteran's service-connected conversion reaction is manifested by mild symptoms of anxiety and depression that do not interfere with his occupational or social functioning, warranting a noncompensable evaluation.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for VA death benefits due to a lack of continuous cohabitation from the date of marriage to the date of the Veteran's death.

The Board has determined that there is no current disability of the upper and lower extremities, thus denying the Veteran's claim for service connection for residuals of cold exposure to bilateral upper/lower extremities.

The Veteran's appeal was denied for an initial compensable rating for residuals of a fractured left index finger. Service connection for residuals of the fractured left fourth and fifth fingers, including radicular pain through the hand and wrist, is granted but not rated as it does not meet the criteria for compensation under applicable VA regulations.

The Board found that the May 1998 rating decision denying service connection for the cause of the Veteran's death was not clearly and unmistakably erroneous, and denied a request for an earlier effective date for the grant of service connection based on radiation exposure.

The Board has remanded the case for further verification of the appellant's claimed military service and readjudication.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for post traumatic arthritis of the right foot. The evidence now shows a possible relationship between the current disability and an injury in service, raising a reasonable possibility of substantiating the claim.