Other conditions decisions — 2012

The Board has granted an initial compensable rating of 30 percent for the service-connected pulmonary embolism, effective from December 21, 2006.

The Board denied the appellant's request for an effective date later than October 1, 2007, for the discontinuance of Dependency and Indemnity Compensation (DIC) payments because the death of the Veteran's surviving spouse occurred on October [redacted], 2007. The effective date is set as the last day of the month before her death.

The Veteran's claim for a higher rating for his left hip strain with degenerative joint disease was denied as the evidence did not meet the criteria for an evaluation higher than 10 percent.

The Veteran's claim of service connection for a pulmonary disability was granted due to the evidence showing he had interstitial lung disease and asbestos exposure, which contributed to his death from pulmonary fibrosis.

The Board has determined that the Veteran's parotid cancer, which caused his death in July 2007, is related to service. Service connection for the cause of the Veteran's death is granted.

The Board finds that the Veteran's currently manifested low back disorders, including scoliosis and degenerative joint disease, are at least as likely as not related to his service or the first post-service year. The claim is granted.

The Veteran's claim for an increased evaluation for his service-connected status post right mandibular condylar fracture was denied. The Veteran also withdrew his appeal regarding asbestos exposure.

The Board has remanded the case for additional development, including obtaining relevant medical records and providing the appellant with VCAA notice. The issues on appeal are whether new and material evidence has been received to reopen a claim of service connection for mitral and aortic stenosis, and entitlement to service connection for residuals of stroke as secondary to mitral and aortic stenosis.

The Veteran's service-connected left knee disability is found to have caused the Veteran to grab onto a tractor, resulting in a right biceps injury. The Board finds that this meets the criteria for secondary service connection.

The Veteran's claim for service connection for gastric cancer, which he claims is due to herbicide exposure during his Vietnam service, has been remanded for additional development including a VA examination and the acquisition of relevant medical records.

The reduction of the Veteran's VA pension benefits based upon his countable income for the period commencing December 1, 2008 was appropriate.,The criteria for a dependency allowance for the Veteran's dependent spouse, D.I.H., have been met.

The Veteran's death was not due to a service-connected condition, and the appellant did not meet the criteria for nonservice-connected burial benefits. The claim is denied.

The Veteran died of a non-service-connected disorder and was not buried in a state or national cemetery. Therefore, the claim for burial benefits is denied.

The Board has granted service connection for squamous cell carcinoma of the tongue due to asbestos exposure in service. Bilateral hearing loss is not shown to be related to service.

The Board has denied the appellant's request to have an earlier effective date for death pension benefits based on a need for aid and attendance, as the claim was received by VA on April 6, 2009. The effective date is set at April 1, 2009.

The appeal has been withdrawn by the appellant, thus the case is dismissed.

The Board found that the Veteran's circulatory disorder of the right lower extremity, including deep vein thrombosis, was not caused or aggravated by his service-connected disability. Therefore, service connection for this condition as secondary to a service-connected disability is denied.

The Veteran's left hip greater trochanteric bursitis and DJD are currently rated at 10 percent, the highest available under the rating schedule. The scars are also rated at 10 percent. Beginning September 10, 2007, his service-connected disabilities alone prevent him from obtaining and maintaining all forms of substantially gainful employment.

The Veteran's appeal is still pending and requires further development, including a VA scars examination to determine the current severity of his service-connected residuals of recurrent basal cell carcinoma. The case will be remanded for compliance with previous Board instructions.

The Board has determined that the Veteran's psoriatic arthritis of multiple joints is related to his in-service herbicide and malathion exposure, granting service connection for this condition.