Other conditions decisions — 2011

The Veteran's son, M.S., was entitled to additional compensation benefits for school attendance until July 20, 2008. The Veteran's daughter, L.S., is not entitled to additional compensation based on her school attendance as of March 13, 2009.

The Veteran's claims for higher initial ratings for right hip strain, left hip strain, cervical strain before January 4, 2010, and lumbar degenerative disc disease from January 4, 2010 were granted. The RO increased the rating for cervical strain to 30 percent effective January 4, 2010.

The Veteran's claim for an increased rating higher than 70 percent on an extra-schedular basis for his right hand disability was denied. The Board found that the residuals of a gunshot wound to the right hand are adequately contemplated by the applicable rating criteria and do not present an exceptional or unusual disability picture warranting an extra-schedular evaluation.

The Board has determined that the Veteran's gouty arthritis was incurred in service and grants service connection for this condition.

The Veteran's death was not caused by a service-connected disability, and there is no evidence of exposure to Agent Orange or other presumptive conditions. The cause of death was due to pancreatic cancer with pleural effusion.

The Board has remanded the case to the RO for further development regarding whether the appellant's discharge from military service constitutes a bar to VA benefits.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current nature, extent, and severity of his shrapnel wound of the right upper arm.

The Veteran and the Appellant were divorced in April 1971, and the Appellant accepted the divorce in March 1982. The Veteran remarried in January 2001 to a woman who was still his spouse at the time of his death in November 2004. There is no legal authority to recognize the Appellant as the Veteran's surviving spouse for VA purposes.

The Veteran's cause of death, aspergillus pneumonia due to recurrent non-Hodgkin's lymphoma (large cell), is attributable to his in-service exposure to petroleum products. The Board finds the opinions supporting this conclusion more probative than the earlier VA opinion.

The Veteran's appeal is remanded due to the need for additional records and a VA examination, as well as consideration of TDIU.

The Board found that the Veteran's service-connected conditions did not contribute to his death, and denied both claims for service connection for cause of death and DIC under 38 U.S.C. § 1318.

The Board dismissed the appeal due to the death of the appellant, as it has no jurisdiction to adjudicate the merits of this claim.

The Board found no residuals of cold injury of the upper or lower extremities during service and denied the Veteran's claims for service connection.

The Veteran disagrees with the finding that he is incompetent to manage his VA benefits. The case is being remanded for an additional competency examination.

The Veteran's claim of entitlement to service connection for a sinus disorder is being remanded due to the need for additional development, including obtaining medical records and providing an examination.

The Board has determined that the Veteran's Graves' disease does not meet or approximate the criteria for a disability rating in excess of 10 percent under Diagnostic Code 7903, which pertains to hypothyroidism. The evidence shows that he requires medication and experiences fatigue but no constipation or mental sluggishness.

The Board found that the cause of death, myocardial infarction due to congestive heart failure and arteriosclerotic disease, was not related to service-connected conditions. The Veteran's death was attributed to other causes.

The Board denied the Veteran's claim for service connection for squamous cell carcinoma, basal tongue with nodal metastases to the right neck, including as secondary to herbicide and asbestos exposure. The evidence did not show that the cancer was related to service or any presumptive conditions.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board dismissed the appellant's appeal as her request for an earlier effective date was not a specific error of fact or law, but rather a procedural issue due to the finality of the Board's decision.