Other conditions decisions — 2010

The Board has remanded the case for further development, including scheduling a VA examination and obtaining clinical records. The Veteran's claim of service connection for residuals of a left arm injury remains pending.

The Veteran's claim for a higher rating for his herniated nucleus pulposus, L5-S1, with bilateral sacroiliitis from July 1, 2009 was granted. The effective date is not specified.

The Board found that the Veteran's death was not caused by VA medical care or treatment, and that VA provided appropriate care for his post-operative wound infections. The cause of death was determined to be hypoxia due to sepsis from staph infection.

The Board has granted service connection for cold injury residuals of the cheeks, ears and nose. Service connection was denied for cold injury residuals of the forehead.

The Veteran's service-connected right long finger disorder is currently manifested by pain, limitation of motion, and functional limitation. However, the disability does not meet or approximate the criteria for a higher evaluation.

The VA determined that the Veteran's nystagmus has remained stable and unrelated to his other eye conditions, thus denying an increased rating.

The Board has determined that the Veteran does not have a current bilateral eye condition related to service, and thus denied his claim for service connection.

The Veteran's claim for service connection for myelodysplastic syndrome is being remanded due to the need for additional development, including a VA examination.

The VA determined that the Veteran's left femur osteochondroma residuals do not warrant a rating higher than 10 percent, as they do not meet the criteria for more severe disability ratings.

The Veteran's claim for a higher rating for his left knee disability is being remanded due to the need for additional examination and evidence.

The Board has found that the VA Form 21-0518-1 received on November 3, 2006 is considered of record at the time of the surviving spouse's death for the purposes of the appellant's accrued benefits claim of entitlement to death pension with an allowance for aid and attendance. As a result, the appeal is granted.

The Board has remanded the case for further development, including obtaining medical records and arranging for a VA examination to determine the nature, extent, and etiology of any right and/or left eye disability. The Veteran's claim will be readjudicated after these actions.

The Board found that the appellant's previous marriage to E.T.Y. was still valid at the time of her purported marriage to the Veteran, thus invalidating their marriage and denying her claim for VA benefits as a surviving spouse.

The Board has determined that the Veteran's preexisting left eye blindness was aggravated by his active duty service, warranting service connection.

The Board has ordered the VA to obtain additional medical records and ensure all relevant treatment providers have been contacted. The case will be remanded for further development.

The Board has reopened the Veteran's claim for service connection for leucopenia and mild anemia, as well as thrombocytopenia, due to ionizing radiation exposure. The claims are granted.

The Veteran's amputated left index finger is currently rated at the maximum allowable under VA regulations, and a higher rating is not warranted. For his left hand residual trauma with degenerative joint disease, he is currently rated at 10 percent, which is the minimum schedular evaluation available for this condition.

The appellant's late husband had no recognized service for VA benefits eligibility, and thus the claim for non-service-connected death pension benefits is denied.

The Veteran's partial paralysis of the right ulnar nerve and medial cutaneous nerve deficit of the right forearm were denied increased ratings, with a rating of 30 percent for partial paralysis of the right ulnar nerve.

The Veteran's cancer of the tongue was not incurred in or aggravated by active military service, nor may it be presumed to have been so incurred. The claim for service connection is denied.