Other conditions decisions — 2010

The Board found that the Veteran's residuals of right femoral neck hip fracture do not meet the criteria for a higher evaluation, and thus denied his claim for an increased rating. The issue regarding VA compensation payments prior to May 1, 2006 is remanded.

The Board denied the appellant's claim for DIC, death benefits and accrued benefits as a surviving spouse of the Veteran due to insufficient evidence showing a valid common law marriage prior to his death.

The VA denied service connection for squamous cell skin carcinoma of the left breast, attributing it to no exposure to chemical dioxins during service and insufficient evidence linking the condition to his military service.

The Veteran's claim for a rating in excess of 20 percent for residuals of the fracture, simple, left distal fibula with degenerative joint disease was denied as his disability did not meet the criteria for a higher rating under applicable diagnostic codes.

The VA denied a rating in excess of 20 percent for the Veteran's service-connected thoracic spine disorder, finding that his symptoms did not meet the criteria for such an increase.

The Veteran's appeal has been withdrawn, and the case is dismissed.

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

The Veteran's service-connected residuals of a shell fragment wound to the back are currently rated at 10 percent, and the claim for an increased evaluation is denied.

The Veteran's case is being remanded for additional development, including scheduling a personal hearing before the Board of Veterans' Appeals.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining medical records and arranging for a VA examination.

The Veteran's claim for increased ratings for chondromalacia patella of the right and left knees was denied. The rating assigned is 10 percent for each knee, effective from November 10, 2009.

The Veteran's claim for service connection for a respiratory disorder, including as due to asbestos exposure during his military service, is being remanded for additional development of medical records and an examination.

The Veteran's claim to reopen his service connection for residuals of bilateral bunionectomies is being remanded due to the need for additional development, including obtaining VA medical records and opinions from treating physicians.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and arranging for a new orthopedic and neurological examination to assess the Veteran's back disorder and its impact on his employment.

The Veteran's colorectal cancer was not incurred in or aggravated by service, including as the result of exposure to ionizing radiation. The Board finds that the preponderance of the evidence is against the Veteran's claim and that service connection for colorectal cancer is not warranted.

The Board found that the cause of the Veteran's death was myocardial infarction, which is not service-connected. The appellant's contentions regarding a relationship to service were deemed insufficient due to lack of medical expertise.

The Board has jurisdiction to consider the claim of entitlement to a waiver of overpayment of VA death pension benefits, as a timely substantive appeal was filed in conjunction with the March 2006 decision denying this benefit.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, finding that his personality disorder is not a compensable disability and there is no evidence linking any current psychiatric condition to his military service.

The Veteran's claim for service connection for colon cancer, including as due to herbicide exposure, has been dismissed because the Veteran died during the appeal process.

The Veteran's service-connected residuals of a right bicep laceration are currently rated at 10 percent under the rating schedule, which is considered compensable. The claim for an increased disability rating has been granted.