Other conditions decisions — 2003

The Board has determined that there is new and material evidence to reopen the previously denied claim for service connection for a left eye disorder, but remanded the case for additional development prior to adjudication of the appeal on its merits. The case returns to the Board following the RO's completion of instructions from that remand.

The veteran's gout has been rated at 40% since June 20, 1997. His thoracic strain and levoscoliosis with back pain have not warranted a higher rating.

The Board found that the cause of the veteran's death, metastatic small cell carcinoma, was not caused or contributed substantially to his death by any disability incurred in service.

The Board denied the appellant's claim for DIC under 38 U.S.C.A. § 1151, finding no causal relationship between the veteran's death and VA medical treatment.

The veteran's right hand neurological disability has been increased to a 40 percent rating effective February 3, 1992.

The veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he was not rated totally disabled for a continuous period of at least ten years prior to death, or five years from the date of discharge. The appellant also does not qualify for Dependents' Education Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to lack of service-connected disability producing total permanent disability.

The Board denied the veteran's appeal for reopening his claim of service connection for a right quadriceps strain, finding that no new and material evidence had been submitted. The other issues regarding higher ratings and effective dates remain pending.

The Board has determined that the grant of service connection for residuals of a right inguinal hernia repair is protected and must be maintained.

The veteran's claim for reimbursement of unauthorized medical expenses is being remanded due to the lack of a Statement of the Case (SOC).

The Board has determined that the veteran's dry eye syndrome of both eyes is a result of flash burns to the right eye during service in Korea, and thus grants service connection for this condition.

The Board has ordered further development due to pending evidence and the court's decision invalidating previous regulations. The case is now remanded for additional development at the RO level.

The veteran's claim for an increased disability evaluation for his service-connected left herniated nucleus pulposus at L3-L4 is being remanded due to the need for additional development, including obtaining treatment records and arranging for a VA examination.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the Regional Office (RO) for the requested development, including obtaining deck logs from the U.S.S. Dixie (AD-14).

The Board has remanded the veteran's claim for service connection for residuals of frozen feet due to additional development being required.

The Board has ordered further development due to pending issues and evidence. The case will be returned to the RO for additional development before a decision can be made.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being sent back to the Regional Office (RO) for review by a gastroenterologist at Spokane VA Medical Center.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse for VA death benefits due to her divorce from the veteran at the time of his death.

The Board has determined that the veteran does not have current residuals of a left hand injury incurred in service, and thus denied his claim for service connection.

The VA has determined that the veteran's diagnosed nasopharyngeal carcinoma is presumed to have been incurred as a result of his active service, including exposure to herbicide agents.

The Board denied the veteran's request for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $6,070.00 as untimely.