Other conditions decisions — 2011

The Board finds that the Veteran's current colon polyps, including adenomatous polyps of the colon, were incurred in active duty for training and grants service connection.

The Veteran's death was not caused by a service-connected condition, as his colon cancer had metastasized to other parts of his body. The cause of death was listed as colon cancer with liver metastases.

The Veteran's skin condition, including actinic keratosis and squamous cell carcinoma, is being remanded for further examination to determine if it is related to service, particularly exposure to herbicides. The claim will be reconsidered after the additional development.

The Veteran's claim for an increased rating for a shell fragment wound to the right buttock with lateral femoral cutaneous nerve involvement is being remanded due to the need for additional examination and development of records.

The Board has determined that the Veteran's basal cell carcinoma of the upper lip/face is related to service, and thus grants service connection for this condition.

The Appellant is not recognized as the surviving spouse of the Veteran for VA benefits due to a lack of continuous cohabitation from the date of marriage until his death.

The Board has determined that the appellant is not the Veteran's surviving spouse for purposes of VA benefits, and therefore, the claims for nonservice-connected death pension benefits and DIC benefits are denied.

The Board found that the Veteran's skin disorder of the legs is not related to his service or exposure to herbicides, and thus denied his claim for service connection.

The Veteran was entitled to $8,766 in nonservice-connected pension benefits from January 1, 2002, through December 31, 2007. The Board found that the Veteran is still owed $7,575 for the period from January 1, 2002, through December 31, 2007.

The Veteran's appeal is being remanded for additional development, including obtaining a VA knee specialist examination and considering the possibility of an extraschedular TDIU rating.

The case is being remanded for the VA to obtain the Veteran's Social Security Administration (SSA) records, including any administrative decision(s) on his application for SSA disability benefits and all underlying medical records. The appellant's claim of service connection for the cause of the Veteran's death will be readjudicated after this.

The Veteran's service-connected right hand disability, right knee disabilities, and lumbar spine disability have not met the criteria for an increased rating beyond the currently assigned 10 percent ratings.

The Veteran's initial compensable evaluation for shin splints of the left leg has been denied as his disability does not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Veteran's claims for an effective date prior to September 6, 2006 for service connection for syncopal episodes as a residual of head trauma and for a 100 percent evaluation for organic mood disorder and organic amnestic disorder as a residual of head trauma have both been denied.

The Veteran's claim for service connection for residuals of a chest injury is denied as there is no competent evidence of current disability or in-service disease/injury.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is being remanded due to the need to determine if a signed consent form related to his October 2003 surgery exists and to obtain an addendum opinion from the January 2007 VA examiner regarding whether he incurred additional disabilities as a result of the surgery.

The Veteran's claim for service connection for bilateral leg fractures is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's left lower extremity varicose veins are currently rated at 40 percent, the highest available rating under the applicable VA rating criteria. The symptoms do not meet or approximate the criteria for a higher rating.

The Board has remanded the case for a Travel Board hearing due to the appellant's request.

The Veteran's back disability, manifested by flexion of the thoracolumbar spine to no less than 90 degrees, painful motion, and intermittent debilitating muscle spasms, is rated at a 10 percent disability rating.