Other conditions decisions — 2011

The Veteran's death was due, in part, to myocardial infarction, which is presumed to have been incurred during service as a result of exposure to an herbicide agent. The appellant is therefore granted service connection for the cause of the Veteran's death.

The Veteran's squamous cell carcinoma of the head, face, and neck is rated at 80 percent due to extensive scars. The squamous cell carcinoma of his hands, arms, and trunk is rated at 60 percent based on the extent of lesions and scars.

The Veteran's claim of entitlement to service connection for a left little finger disability is being remanded due to the need for further examination and review of his medical records.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's daughter, the Appellant, is not entitled to DEA benefits beyond the 45 months established by law due to her academic merit and educational needs. The appeal must be denied as there are no legal grounds for an extension of DEA benefits.

The Veteran's increased ratings for residuals of ACL tear, left knee and traumatic arthritis, left knee were granted with a 10 percent rating each.

The Veteran's claim for a higher rating for his post-operative right hip replacement disorder secondary to traumatic arthritis is being remanded due to the need for additional development, including an updated VA examination and retrieval of relevant medical records.

The Veteran's claim for service connection for residuals of a left foot crush injury is being remanded to obtain additional medical records and to schedule the Veteran for a VA examination.

The Veteran's service-connected neuroma of the left foot is rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5284 for moderate loss of use of a foot.

The Board has dismissed the appellant's claims for earlier effective dates as they are not authorized by law due to the finality of the January 2006 rating decision.

The Board has determined that the Veteran's acute myeloid leukemia is related to his exposure to herbicides during service in Vietnam, and grants service connection for this condition.

The Board has determined that additional development is needed to verify the appellant's status as a surviving spouse and to determine if the Veteran's death was service-connected. The case will be remanded for these purposes.

The Board has granted service connection for right wrist tendonitis and assigned an initial 10 percent rating, effective from November 13, 2003.

The Board has determined that the appellant's other than honorable discharge from service constitutes a bar to VA benefits, except for health care under 38 U.S.C. Chapter 17.

The Board found that a common law marriage did not exist between the Veteran and the appellant, thus denying recognition as the surviving spouse for VA purposes.

The Veteran's service-connected disabilities, including bilateral hearing loss and PTSD, are rated as 90 percent disabling. The Board finds that these conditions preclude the Veteran from securing or following substantially gainful employment consistent with his education and industrial background, warranting a grant of TDIU.

The Veteran does not meet the legal requirements for establishing basic eligibility for VA nonservice-connected pension benefits due to his service not qualifying as active duty during a period of war.

The Board has decided to remand the case for further development due to a change in financial status, and the appellant needs to provide updated evidence of her current income and net worth.

The Board found that the evidence did not establish a common law marriage between the appellant and JNR, thus upholding the termination of DIC benefits.

The Veteran's claim for service connection for gingivitis and residual dental disabilities was granted, with the disability being determined to be due to a direct relationship to her period of active service.