Other conditions decisions — 2011

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse for VA death benefits purposes due to a lack of evidence showing a valid common-law marriage between them, despite their divorce prior to the Veteran's death in May 2004.

The Veteran's claim for an initial rating for his colitis is being remanded due to the need for a new examination and additional treatment records.

The Veteran has a diagnosed respiratory disability manifested by decreased lung capacity that is not due to an undiagnosed illness or service connection, but rather is considered direct service connection. The Veteran's private physician provided the diagnosis and treatment.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for the cause of the Veteran's death. The appellant presented additional lay statements and medical opinions, but these did not create a reasonable possibility of substantiating her claim.

The Board has reopened the Veteran's claim for service connection for cancer of the throat, finding that new and material evidence was submitted. The Board also found that the Veteran's cancer is related to his in-service herbicide exposure.

The Board has ordered the case to be remanded for further development, including obtaining any outstanding treatment records from the Veterans' Memorial Medical Hospital (VMMC). The claims will be adjudicated again after this additional development.

The Board denied the claim, finding that there is no clear and unmistakable evidence to support a pre-existing back defect being aggravated by service. The Veteran's current back disorder was not shown to be incurred in or aggravated by service.

The Board has remanded the case for further consideration, including an evaluation of whether an extra-schedular rating is warranted due to functional effects caused by the Veteran's thoracic spine disability.

The Board denied the Veteran's claim for an initial evaluation in excess of 30 percent for service-connected myasthenia gravis, which was previously granted with a 30 percent evaluation effective from May 19, 2005. The Veteran appealed this decision and the case is now remanded to consider the issue under accrued benefits purposes.

The Veteran's service-connected onychomycosis has been rated at a noncompensable level since October 2004. The VA determined that the current disability picture more nearly approximates a disease process requiring intermittent systemic therapy for less than six weeks during the previous twelve months, warranting an initial compensable rating of 10 percent.

The Veteran's service-connected residuals of burn injuries to his hands do not meet the criteria for an initial compensable rating prior to October 6, 2009, and in excess of 10 percent after that date.

The Board found that the Veteran does not have a lung condition and therefore denied his claim for service connection.

The Veteran has varicose veins of the left leg that had their onset in service and continues to exist today. The Board finds that service connection is warranted for this condition.

The Veteran's claim for service connection for a dental disorder due to trauma is denied as there is no evidence of an in-service injury or condition that resulted in the current disability, and the Veteran does not meet the criteria for VA outpatient dental treatment.

The Board found that the Veteran's current eye disorders are not service-connected, as they are linked to his age and not related to any in-service injury or exposure.

The Veteran's left inguinal hernia is rated at the maximum available rating of 10 percent, as it is recurrent and readily reducible.,The Veteran's service-connected left ilioinguinal neuritis is already rated at the maximum available rating of 10 percent.

The Veteran's service did not meet the required 90-day active duty period for basic eligibility to receive nonservice-connected pension benefits.

The Board denied the Veteran's claim for service connection for pulmonary fibrosis, finding no evidence of asbestos exposure during service and insufficient medical evidence linking current respiratory impairment to military service.

The Board denied the appellant's petition to reopen a claim for service connection for porphyria cutanea tarda (PCT) for purposes of accrued benefits due to lack of timely filing.

The Veteran's appeal is being remanded for additional development, including obtaining his Reserve records and private medical records. The claims of service connection for residuals of Anthrax vaccination, left ear hearing loss, and right ear hearing loss are also being remanded.