Other conditions decisions — 2010

The Veteran seeks service connection for non-Hodgkin's lymphoma, which he claims is due to radiation exposure during his military service. The case has been remanded for further development including forwarding the Veteran's records concerning his alleged radiation exposure to the Under Secretary for Health for a dose estimate.

The Veteran's claim for service connection for arthritis of the bilateral feet with scars due to cold injuries was denied as there is no evidence showing that his current condition is related to military service.

The Veteran's hidradenitis suppurativa is productive of a painful scar in the left groin, warranting an initial 10 percent disability rating.

The Board has determined that the appellant's discharge from service was dishonorable and therefore constitutes a bar to VA benefits.

The Veteran's income exceeded the maximum annual pension rate, thus denying her reinstatement of nonservice-connected disability pension benefits.

The Veteran died of refractory mantlecell carcinoma, an aggressive form of non-Hodgkin's lymphoma. The Board found that the cause of death was not related to service or a service-connected disability.

The Board has determined that the Veteran's currently shown bilateral foot fungus is related to service and grants service connection for dermatophytosis with bilateral toenail fungal infection.

The Board has ordered a remand to determine if the Veteran's right elbow disability is related to his service-connected DJD of the lumbar spine, left knee and/or right knee disabilities.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse due to their marriage not meeting VA criteria, including being less than 15 years after the Veteran's separation from active military service and not having been married for at least one year prior to his death.

The Veteran's claims for higher evaluations for his service-connected bilateral knee disabilities are being remanded due to the need for additional VA examinations and the identification of any outstanding medical records.

The Board has determined that neither the appellant nor any member of the Veteran's estate is eligible for accrued benefits as they do not qualify as an eligible payee under VA regulations.

The Board is unable to determine whether new and material evidence has been submitted because the appellant's claim is based on a legal issue rather than an evidentiary one. The previous decisions were based on the Veteran's marital status at the time of his death, which was not contested in this appeal.

The Board has determined that the appellant cannot be recognized as the surviving spouse of the Veteran for VA pension benefits purposes.

The Veteran's service treatment records indicate he was treated for gonorrhea during service, but there is no evidence of current residuals or a penicillin allergy related to that treatment. The Board finds the weight of the probative evidence against his claim.

The Veteran's claims for service connection for left hand and ring finger disorder, as well as right hand disorder, were denied because there is no current evidence of any disability involving these fingers.

The Board has reopened the Veteran's claim for service connection for a bilateral foot disorder due to new and material evidence. The case is remanded for further development, including obtaining post-service treatment records and arranging for a VA examination.

The Board found that the appellant's income exceeded the maximum annual pension rate for a surviving spouse, and therefore denied her claim for death pension benefits.

The Board denied the Veteran's claim of service connection for hearing loss in the right ear, finding that there was no evidence of hearing loss during service and concluding that any current hearing impairment is not related to military service. The Board also noted that the Veteran did not have combat exposure but had a specialty as a cannoneer.

The Board denied the Veteran's claim of service connection for peptic ulcer disease by history, finding that there was no current diagnosis and thus no basis to reopen the previously denied claim.

The appeal is being remanded to obtain additional evidence and conduct an Aid and Attendance examination. The claims for service connection for the cause of death and for Aid and Attendance or Household Benefits will be reconsidered.