Other conditions decisions — 2001

The Board granted a 30 percent disability evaluation for the service-connected residuals of a shell fragment wound to the anterior right chest wall, Muscle Group II.

The veteran claims service connection for a right lower extremity disability, including a right foot injury sustained in 1965. The claim is being remanded to obtain additional medical records and conduct further examination.

The Board has determined that a common law marriage existed between the veteran and the appellant, which is sufficient to grant recognition as the surviving spouse for VA benefits purposes.

The Board has determined that the veteran's service-connected lumbar spine disability warrants a 60 percent rating, based on pronounced intervertebral disc disease with persistent symptoms compatible with sciatic neuropathy and functional impairment despite ongoing medical treatment.

The Board denied the veteran's request for an earlier effective date of March 4, 1997 for his TDIU due to service-connected disabilities.

The veteran's appeal is dismissed due to his death.

The May 1976 rating decision did not involve clear and unmistakable error, and the veteran's service-connected disability of a shell fragment wound on the left shoulder was rated based on the appropriate diagnostic code.

The Board found that the veteran's left hip replacement and degenerative joint disease were not incurred in or aggravated by service, nor could arthritis be presumed to have been incurred in service.

The Board has determined that an effective date earlier than November 1, 1994 for the award of DIC is not warranted in this case.

The veteran's spouse does not require regular aid and attendance on a regular basis, as she is able to perform her activities of daily living most days.

The Board has remanded the case due to incomplete development of records and need for a VA examination.

The Board has determined that the appellant's claim for an increased evaluation for residuals of bilateral tonsillectomy is denied as there is no evidence of symptomatic residuals.

The Board dismissed the appellant's appeal because she did not file a timely notice of disagreement with respect to her claim for benefits as the veteran's surviving spouse.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151, finding that his bowel disorder and sexual dysfunction were not related to the VA surgery performed in February 1995.

The Board has denied service connection for duodenal ulcer disease and held that new and material evidence had not been submitted to reopen a claim for esophageal reflux. The Court vacated these decisions, finding deficiencies in the development of the claims and remanded them for further action.

The Board granted the veteran's claim for SMC for loss of use of a creative organ, effective from August 11, 1994. The decision found that entitlement to this benefit arose on that date due to his service-connected sickle cell anemia and impotence.

The Board denied the appellant's claims for service connection for the cause of her husband's death and DIC benefits under 38 U.S.C.A. § 1318, finding that there was no well-grounded claim for service connection.

The veteran died of cardiorespiratory arrest, which was not related to his military service. The Board found no evidence linking the cause of death to any condition incurred or aggravated during service.

The Board has determined that the July 22, 1946 rating decision was clearly and unmistakably erroneous in failing to assign a 10 percent rating for the veteran's duodenal ulcer.

The Board denied the veteran's claim for service connection for residuals of a burn to the right thigh, finding no current disability attributable to the inservice injury.