Other conditions decisions — 2010

The Board found that the Veteran's skin disorder was not incurred in or aggravated during active service and may not be presumed to have been so incurred in service. The claim for service connection is denied.

The Veteran's claim for service connection for a groin rash was denied as there is no evidence of current disability. The claim for cold injury residuals to the hands and feet remains pending.

The Veteran's claim for service connection for squamous cell carcinoma of the tongue, which he contends is related to exposure to herbicides during his service in Vietnam, has been remanded due to inadequate examination and incomplete medical records. The case will be reviewed again after additional development.

The Veteran's combined rating of 60 percent does not meet the minimum percentage schedular requirements for a total disability rating based on individual unemployability, as there are no two or more disabilities rated at least 40 percent disabling.

The Board denied the claim for an earlier effective date for DIC benefits, finding that the appellant filed her claim in June 2000 and thus the earliest possible effective date is June 29, 2000.

The Veteran's service-connected patellofemoral pain syndrome, right and left knees are not manifested by impairment of the tibia and fibula; arthritis; ankylosis; or moderate impairment manifested by recurrent subluxation or lateral instability. The Veteran's knee disabilities did not require removal of symptomatic semilunar cartilage and were not productive of limitation of leg flexion to 30 degrees or less or limitation of leg extension to 15 degrees or more at any time relevant to the appeal period.

The Board has remanded the case due to the need for additional development and evidence regarding whether the appellant had a valid marriage prior to her legal November 2004 marriage to the Veteran, based on the status of a common law marital relationship.

The Board found that the reduction of pension benefits from aid and attendance rate to housebound rate was proper due to hospitalization at a VA facility.

The Veteran is seeking a compensable initial evaluation for the service-connected dyshidrosis. The Board has decided to remand this claim due to the need for a VA examination to assess the current nature, extent, and severity of his service-connected dyshidrosis.

The Veteran's skin rash was not found to be related to his service, including exposure to herbicides in the Gulf War. The claim for service connection is denied.

The Veteran's appeal is being remanded for further development, including scheduling a personal hearing at the RO in St. Louis, Missouri.

The Board has determined that the appellant's income from Social Security Disability benefits exceeds the maximum allowable amount for basic eligibility to nonservice-connected death pension, and thus denied her claim.

The Veteran's claim for an effective date prior to August 16, 2002 was denied as there is no evidence of a disability meeting the criteria for a compensable rating within one year prior to his claim. The effective date remains at August 16, 2002.

The Veteran's service-connected deviated nasal septum and onychomycosis of the thumbs were not rated higher than noncompensable during the period from September 1, 2002 to November 1, 2003.

The Veteran's service-connected residuals of a closed head injury were not shown to warrant an increased rating or TDIU prior to October 23, 2008.

The Board found that the Veteran's current neck disorder is not related to her service and denied her claim for service connection.

The Veteran's left index finger disability, characterized by ankylosis of the interphalangeal joints and resulting in decreased grip strength and dexterity, pain, and interference with hand function, is rated at 20 percent effective June 23, 2005.

The Board has determined that the Veteran's left acromioclavicular separation warrants a 20 percent rating, effective from July 3, 2008.

The Board has decided to remand the case for further examination and etiological opinion due to uncertainty about whether the Veteran's current right heel and left small toe disorders are related to service or a service-connected disability, including his left knee disability. The RO must specifically consider 38 U.S.C.A. § 1154(b) and 38 C.F.R. §§ 3.304 and 3.310.

The Board has decided to remand the case for additional development, including obtaining service personnel records and scheduling a VA examination.