Other conditions decisions — 2011

The Board has determined that the effective date for service connection of residuals of a neurilemmoma of the left foot, due to aggravation of a pre-existing condition, is August 1, 2006.

The Board has remanded the claim due to a lack of terminal hospital records from the Veteran's last known treatment, Baptist East Hospital in Memphis, Tennessee. The appellant is seeking service connection for the cause of her husband's death.

The Veteran's claim for a compensable initial rating for Frey's syndrome is being remanded due to the need for additional medical examinations and evaluations.

The Veteran's claim for an evaluation in excess of 20 percent for his service-connected spondylolysis at L5 is being remanded due to the need for a new VA examination and additional development.

The Veteran's appeal for an increased evaluation of his residuals of a compression fracture of the left thorax has been dismissed as he withdrew all matters pending appeal.

The Board has reopened the claim of service connection for the cause of the Veteran's death and found that new and material evidence was submitted. However, it denied the underlying claim as there is no evidence linking cholangiocarcinoma to service or any known risk factors.

The Veteran withdrew his appeal regarding the initial compensable rating for status post fracture of the right fifth distal interphalangeal joint with fixed deformity.

The Veteran withdrew her appeal for TDIU benefits prior to the Board's decision.

The Veteran's daughter, M.J.J., was not shown to be permanently incapable of self-support prior to the age of 18 due to Down's syndrome. The Board denied the claim for helpless child benefits.

The Veteran's daughter, M, who was born after his service in Vietnam and diagnosed with spina bifida (not spina bifida occulta), is eligible for a monetary allowance under 38 U.S.C.A. § 1805.

The appellant's claim for increased benefits under 38 U.S.C.A. � 1805 for her child born with spina bifida is being remanded due to the need for additional medical examination and development of records.

The Veteran's appeal is remanded due to the need for a VA examination and consideration of his total disability rating for compensation based on individual unemployability (TDIU).

The Board has determined that the Veteran's service connection claim for residuals of a right hip injury is granted, as there is evidence of an in-service injury and current manifestations.

The Board has remanded the case due to inconclusive opinions regarding the diagnosis, primary cite, and origins of a malignant tumor surgically resected from the Veteran's left posterior neck in mid-July 2002. The case must be returned for further development including obtaining a sample of the malignant tumor and reviewing VA or private treatment records.

The Board dismissed the appeal due to the death of the appellant, and there is no jurisdiction to adjudicate the merits of this claim.

The Board finds that squamous cell carcinoma, a condition not associated with herbicide exposure such as Agent Orange, was not incurred in or aggravated by active service and may not be presumed to have been incurred in service.

The Veteran's spondylolisthesis at L5-S1, status post laminectomy and fusion has been manifested by chronic low back pain, moderate limitation of motion (at worst, forward flexion was to 50 degrees), and X-ray findings of degenerative disc and joint disease. The evidence does not show severe impairment or incapacitating episodes having a total duration of at least four weeks during a 12-month period.

The Board has found no current diagnosis of a bilateral thigh disorder and the Veteran's assertions regarding continuity of symptoms since service are not credible. Therefore, the claim for service connection for residuals of a bilateral thigh injury is denied.

The Board has remanded the case for further development, including verification of whether appellant's spouse's court-martial was a general court-martial and if so, what character of discharge should be considered.

The Board has determined that the appellant meets the criteria for recognition as the Veteran's surviving spouse, allowing her to proceed with claims for DIC, death pension, and accrued benefits.