Other conditions decisions — 2014

The Board has remanded the case for further development, including obtaining an opinion on whether the Veteran's metastatic adenocarcinoma was related to his service-connected residuals of a cerebrovascular accident and attempting to verify the appellant's representative's allegations regarding possible exposure to ionizing radiation in service.

The Veteran's service-connected left fifth finger disability includes degenerative joint disease at the proximal interphalangeal (PIP) and distal interphalangeal (DIP) joints, resulting in functional impairments equivalent to those caused by amputation at the PIP joint. The Board has granted a 10 percent rating under DC 5156 for this condition.

The Veteran's right thumb disability has resulted in symptoms such as painful motion and weakness, but has not resulted in a gap of more than two inches between the Veteran's right thumb pad and the fingers. The Veteran is currently rated at 10 percent for his right thumb disability.

The Board denied the Veteran's claim of service connection for psychosis, finding that the May 1978 rating decision was not clearly and unmistakably erroneous.

The Board found that the reduction from a 60 percent to a 30 percent rating for hypertrophic lichen planus was warranted due to improvement in the Veteran's condition, as evidenced by VA examination and outpatient records showing less extensive involvement of her skin.

The Board found that the Veteran's countable income exceeded the applicable VA pension income limits and denied his claim for nonservice-connected pension benefits.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for a nervous condition. The evidence received does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's appeal for an evaluation in excess of 30 percent for residuals of cold injury of the right foot has been dismissed as his request was satisfied by the grant of a 30 percent evaluation.

The Board denied the veteran's claim as they could not verify service with the Merchant Marine and found that even if verified, such service would not qualify for VA compensation benefits due to it occurring after August 15, 1945.

The Board has decided to remand the case for further development, including obtaining updated VA treatment records and scheduling a new examination. The Veteran's claim for special monthly compensation based on need for regular aid and attendance will be reconsidered.

The Board found that the Veteran's service-connected residuals of a fractured right ring finger do not warrant an increased rating, and denied his claim for secondary service connection for arthritis of the right hand.

The Board found that B.A.C., as designated beneficiary, is entitled to the proceeds of the Veteran's NSLI policies. The appellant was not the last-named beneficiary and lacked testamentary capacity at the time she requested a change in the beneficiary designation.

The Board denied the appellant's eligibility for VA home loan benefits due to his service not meeting the required six years of active or reserve service, even though he served in the Marine Reserves for five years and six months.

The Veteran is seeking service connection for Crohn's disease. The Board has determined that the current VA examination did not adequately address whether the condition was caused or aggravated by his service-connected PTSD, and thus remands are necessary to obtain a new opinion.

The Board has determined that the Veteran's current joint disorders, including arthritis, were not incurred or aggravated during service and are not related to his military service. The claim is denied.

The Board has remanded the case for further development, including obtaining service personnel records and treatment records from the appellant's second period of service in the Army Reserves. The claim will be reconsidered after these additional actions.

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

The Board finds that the Veteran's current varicose veins of both lower extremities represents a separate and distinct disease process that as likely as not had its clinical onset during his period of active service. Service connection is granted.

The Veteran and the appellant were divorced in February 1985, and there is no evidence suggesting they lived together since then. The appellant was not considered the Veteran's spouse by marriage at the time of his death nor could she be considered a common law spouse. Therefore, the appellant is not entitled to recognition as the surviving spouse for VA benefits purposes.

The Board has granted service connection for a hiatal hernia, finding that the Veteran's current condition is related to symptoms he experienced in service.