Other conditions decisions — 2004

The Board has reopened the veteran's claim for service connection for a left foot ulcer disorder due to new and material evidence submitted since the last denial in January 1982. The claim is now pending for further review.

The VA denied the veteran's claim for an increased rating for his right arm disability, currently evaluated at 20 percent. The RO found that the veteran's condition did not warrant a higher evaluation based on the current evidence of record.

The Board has decided to remand the case for additional development, including obtaining medical records and ensuring proper VCAA notice.

The Board has determined that the veteran's right thumb disability is service-connected as it resulted from an injury sustained during active military service.

The veteran's claim for an increased rating in excess of 10 percent for a fractured right clavicle is remanded due to insufficient examination findings. Further development, including a VA medical examination, is required.

The Board is remanding the claims for service connection and compensation benefits under 38 U.S.C.A. § 1151 due to procedural errors in previous decisions, including failure to consider finality of prior denials and correct legal criteria.

The Board has granted the veteran's claim, allowing him to deduct the entire cost of a headstone for his wife as a burial expense from his countable income for nonservice-connected disability pension purposes.

The veteran is seeking service connection for thrombocythemia, which he claims was caused by exposure to ionizing radiation during his military service. The Board has decided that additional development of the record is needed to determine if there is a link between the condition and service.

The Board has granted service connection for obsessive-compulsive disorder but denied service connection for a right leg disability. The veteran's OCD is found to have its onset during service, while his right leg disability is not considered related to service.

The Board has dismissed the appeal because the appellant died during the pendency of the appeal, and thus the Board does not have jurisdiction to adjudicate the merits of this claim.

The Board has remanded the case due to the need for a review of the appellant's account and determination of the validity of the overpayment.

The veteran is seeking an increased rating for his service-connected back disability, which currently has a 20 percent evaluation. The RO must obtain VA medical treatment records and consider the revised rating criteria of Diagnostic Codes 5293 and 5243 before deciding on the claim.

The veteran's TDIU was granted effective May 21, 2001 based on his combined rating for service-connected disabilities meeting the regulatory threshold.

The appellant is not recognized as the surviving spouse of the veteran for purposes of death pension benefits.

The veteran's claim for an increased evaluation for his service-connected right eye disorder, which includes chorioretinitis and loss of field of vision, is being remanded due to inadequate examination reports. The VA will need to provide a thorough medical examination to determine the extent of the veteran's visual field defects and diplopia.

The Board has determined that the appellant is not entitled to recognition as the veteran's surviving spouse for purposes of VA benefits due to a valid marriage between the appellee and the veteran, which served as a legal impediment to the appellant's subsequent attempt at marriage.

The Board denied the appellant's claim for nonservice-connected pension and special monthly pension, for accrued benefits purposes due to a failure to file within one year of her father's death.

The Board denied the appellant's claim for basic eligibility for Survivors' and Dependents' Educational Assistance (DEA) program under Chapter 35, Title 38, United States Code due to her not meeting the eligibility requirements based on her date of birth.

The Board has determined that the veteran does not have a current disability characterized by chest pain for which service connection may be awarded.

The Board has granted increased disability evaluations of 40 percent from May 20, 1994 to August 19, 1995 for residuals of cold injury of the right foot and from February 1, 1995 to April 29, 1997 for residuals of cold injury of the left foot based on loss of use of the feet.