Other conditions decisions — 2011

The Veteran's right thigh wound with femur fracture and muscle damage is currently rated at 40 percent, the highest schedular rating available under Diagnostic Code 5314.

The Veteran's claim for an effective date prior to June 8, 2006, for the grant of service connection for lymphocytic leukemia was denied as there was no intent to file a new claim within one year of the formal claim. The amendment allowing presumptive service connection for lymphocytic leukemia did not apply due to the Veteran's first submission of the claim almost three years after the regulation was amended.

The Board dismissed the appeal due to the death of the appellant.

The Veteran is seeking service connection for a lung disorder, including as a result of asbestos exposure during military service. The Board has determined that further development is needed to determine the nature and etiology of his lung disorder.

The Board finds that the Veteran's in-service sun exposure contributed to his development of basal and squamous cell carcinoma, with actinic keratoses. As such, service connection is granted.

The Board denied service connection for residuals of head trauma in November 2004. The Veteran's claim was reopened, but new and material evidence was not submitted to substantiate the claim. As a result, the claim remains denied.

The Board denied recognition of the appellant as the Veteran's surviving spouse due to lack of a valid common law marriage prior to their August 2006 ceremonial marriage, and because they did not meet the one-year requirement for marriage.

The Board denied the appellant's claim for additional DIC benefits for her dependent daughter, W.H., as she was not listed as a dependent on her initial application and the effective date could not be earlier than August 1, 2006 due to the termination of her educational benefits.

The Veteran's appeal was dismissed due to the death of the appellant, and thus the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran does not have a service-connected dental/jaw disorder for which he can receive VA compensation or outpatient treatment.

The Board denied service connection for the cause of the Veteran's death due to cancer of the esophagogastric junction and liver cancer, finding that these conditions were not related to his military service.

The Board denied the Veteran's claim for an effective date prior to March 15, 2008 for the award of a total disability rating based on individual unemployability (TDIU). The effective date was established as March 15, 2008, which is after the date the Veteran became unemployed and ceased his full-time employment.

The Veteran's claim for an effective date earlier than April 17, 2008, for the grant of service connection for a panic disorder with agoraphobia was denied. The Board found that the earliest possible effective date is April 17, 2008.

The Veteran's claim for an earlier effective date for service connection of pancreatitis was granted, with the effective date set at October 6, 2005. The decision is based on VA hospitalization records indicating treatment for pancreatitis within one year prior to the April 27, 2006 claim.

The Board has reopened the Veteran's claim of entitlement to service connection for a flat left foot and granted it, finding that new and material evidence had been presented.

The Board has determined that the appellant does not have legal entitlement to DIC and death and accrued benefits due to a declaration of forfeiture for rendering aid and assistance to an enemy of the United States.

The appeal has been dismissed as the appellant requested withdrawal of the appeal.

The Board has determined that the appellant is a veteran for the purpose of receiving one-time payment from the Filipino Veterans Equity Compensation Fund, based on evidence showing his service with recognized guerrilla units in the U.S. Army during World War II.

The appellant's service is not recognized, and therefore he does not qualify for the one-time payment from the Filipino Veterans Equity Compensation Fund.