Other conditions Board decisions

The Veteran's divorce from the appellant occurred in December 1986, which is prior to his death in February 2011. Therefore, the appellant cannot be recognized as the surviving spouse for VA death benefits purposes.

The Board has decided that the Veteran's claims for service connection for a right-hand disability and dental disability need further examination and evidence, as remanded.

The Board has decided to remand the case due to insufficient verification of the Appellant's military service. The claim will be reopened as new and material evidence has been received, but further search for records is needed.

The Board found that the Veteran's discharge under other than honorable conditions (OTH) for his second period of service was due to an offense involving moral turpitude, thus constituting a bar to VA benefits.

The Veteran's application to reopen his claim for service connection of a cardiovascular disorder is granted. The Board has ordered additional development, including obtaining JSRRC records and verifying the Veteran's exposure to herbicides while stationed at Camp Page in Korea.

The Board has decided that the Veteran's claim for service connection for a gastrointestinal disorder, to include ulcerative colitis, needs more information and is therefore being sent back for further review.

The Board denied a rating in excess of the current evaluation of 10 percent for the service-connected partial amputation of the distal phalanx of the right middle finger, finding that the evidence did not support a higher rating based on Diagnostic Code 5154.

The Board denied the Veteran's claims for service connection for pancreatitis, including as secondary to his service-connected ulcerative colitis disability. The decision found that there was no current disability and insufficient evidence of a disability at any point during the claim period or shortly before.

The Board denied DIC benefits because the appellant is not the surviving spouse of the Veteran, and therefore does not meet the basic eligibility requirements for DIC.

The Veteran's claim for service connection for chronic lymphocytic leukemia, including as due to exposure to herbicides, is being remanded for further development.

The Veteran's ratings for right and left shin splints have been denied as there is no evidence of nonunion or malunion of the tibia and fibula, which are required for a higher rating under DCs 5262.

The Veteran's right thumb injury with DJD resulted in limited flexion and functional loss, which is comparable to a gap of more than two inches (5.1 cm.) between the thumb pad and the fingers, qualifying for an initial rating of 20 percent under Diagnostic Code 5228.

The Board found new and material evidence to warrant reopening the claim of service connection for a respiratory/pulmonary disorder, but remanded it for further examination and opinion regarding its etiology.

The Board has determined that the Veteran's current diagnosis of chronic lymphocytic leukemia is at least as likely as not related to her service, including in-service symptoms and continuity of symptomatology since service. As such, the claim for service connection for chronic lymphocytic leukemia is granted.

The Veteran's bilateral hammer toe with corns and hallux valgus have been granted increased ratings of 20 percent each, effective December 20, 2011.,Effective October 25, 2011, the Veteran is entitled to a noncompensable rating for his hallux valgus in both feet.

The Veteran's appeal for service connection for tooth decay has been withdrawn by his attorney.

The Veteran's death was caused by cardiopulmonary arrest, pneumonia, coma, and glioblastoma multiformis. The appellant contends that the Veteran's service in Vietnam and at Camp Lejeune exposed him to herbicide agents and environmental toxins, including vinyl chloride, which caused his brain cancer. However, VA has not yet procured a medical opinion on this matter.

The Board has granted an earlier effective date of May 29, 2014 for the reinstatement of VA disability compensation benefits that were terminated due to the Veteran's status as a fugitive felon. The decision is based on the evidence showing the warrant was cleared by October 12, 2011 and the application being filed within one year of that date.

The Board denied the Veteran's claim for service connection for loss of teeth, finding no medical or dental evidence that he has a current disability falling under compensable categories.

The Board denied entitlement to compensable ratings for service-connected multiple fragment wounds of the right arm and abdomen, finding that the preponderance of evidence did not show any functional impairment or disabling effects.