Other conditions decisions — 2011

The Veteran's bilateral hand disability, characterized by painful motion and X-ray evidence of arthritis, warrants a separate initial rating of 10 percent for each hand prior to January 22, 2008.

The Board denied service connection for both basal cell carcinoma and squamous cell carcinoma of the skin, finding insufficient evidence to link these conditions to service or exposure to ionizing radiation.

The Board found that the proximate cause of the Veteran's additional disability involving the left middle finger was not due to VA carelessness, negligence, or similar fault. The claim for benefits under 38 U.S.C. § 1151 was denied.

The appellant's case is being remanded due to her inability to attend the scheduled video conference hearing. She now prefers a travel board hearing at the local RO.

The Board has ordered the VA to contact the Navy Board for Correction of Naval Records regarding the appellant's application for correction of his military record. The case will be remanded for further development and readjudication.

The Veteran's claim for service connection for postoperative recurrent pilonidal cyst to include scar residuals was denied due to lack of new and material evidence. The Board found that the Veteran's neck injury is etiologically related to his active military service.

The Board denied the appellant's claims for DIC benefits under 38 U.S.C.A. § 1318 and termination of VA death pension benefits, finding that she did not meet the criteria for such benefits.

The Veteran's right foot traumatic arthritis with hallux rigidus is rated at the maximum allowable under current rating criteria and no higher.

The Veteran's service-connected soft tissue injury does not meet the criteria for a compensable evaluation under VA rating criteria.

The Board denied the Veteran's claims for service connection for residuals of a right toe and foot injury, as well as for residuals of a head injury including a sinus disorder. The VA examiner found no evidence linking these disabilities to his military service.

The Veteran's pulmonary fibrosis is found to be a result of the VA-prescribed Cordarone medication, and the Board finds that this resulted in an additional disability not present prior to the treatment. The VA did not cause the development of the pulmonary fibrosis through negligence or lack of informed consent.

The Veteran's cause of death was not related to his military service, and there is no evidence linking the cancer to any condition incurred or aggravated during service.

The Veteran's cause of death, acute myelogenous leukemia, is found to be related to his service-connected pruritus and the unexplained lymphocytosis during service. The appellant is also granted basic eligibility for Dependents' Educational Assistance (DEA) benefits.

The Board found that severance of service connection for myasthenia gravis (MG) was proper due to the lack of evidence linking MG to service-connected malaria. The Board also noted that there is no jurisdiction to adjudicate the merits of the claims for an increased rating or earlier effective date for MG.

The Veteran's appeal is being remanded to obtain additional VA and private treatment records, schedule the Veteran for a VA examination, and readjudicate his claims of entitlement to service connection for sinus disorder and chronic cough.

The Board has granted the appellant's claim to recognize her as the Veteran's surviving spouse for purposes of VA death benefits, finding that she and the Veteran lived together in a common-law marriage for over one year prior to the Veteran's death.

The Board has granted service connection for thoracic degenerative changes with grade I spondylolisthesis of L5 as secondary to the Veteran's service-connected left ankle post traumatic arthritis and instability due to talofibular ligament disruption. The issue of entitlement to TDIU remains pending.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for residuals of flash burns of the eyes, resulting in a denial.

The Veteran's claims for service connection for arthritis of the knees and ankles were denied in an August 1960 rating decision. The Appellant, as a surviving child, does not meet the eligibility criteria for accrued benefits due to her lack of dependency status at the time of her mother's death.

The Veteran's claim for an increased rating for dermatophytosis of the feet and fingers was denied as his condition did not meet the criteria for a higher rating under the applicable VA Rating Schedule.