Other conditions decisions — 2004

The Board has granted an extension of a convalescent rating through March 31, 1996 for the veteran's left foot condition. The effective date is December 10, 2004.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for bowel resection secondary to sigmoid diverticulitis, but the case has been remanded due to insufficient evidence regarding the cause of his condition.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran, finding that their relationship did not constitute a deemed valid marriage and thus they are not entitled to VA death pension or dependency and indemnity compensation.

The veteran's unauthorized medical expenses incurred at a private hospital on October 3, 2001 were denied because the treatment was for a non-service-connected condition and there was no emergency situation requiring immediate care. A VA facility was available.

The Board has granted the veteran's motion alleging clear and unmistakable error in their July 2002 decision that he failed to submit new and material evidence to reopen his left eye disorder claim.

The veteran's improved pension benefits were properly terminated effective September 1, 1991 due to his failure to report assets and net worth on his VA application.

The Board has determined that the veteran's left shoulder disability, including arthritis and tendinopathy, is related to his service-connected right shoulder disability. As a result, the claim for secondary service connection for this condition is granted.

The veteran's myopia with retinal degenerative changes is rated at 90 percent disability, the highest possible rating under VA guidelines.

The appellant's income exceeds the maximum limit for improved pension benefits, thus denying his claim.

The Board denied the appellant's claim for an increased rating for his service-connected residuals of a gunshot wound to the left index finger, finding that the current 20 percent disability rating adequately reflects the severity and nature of his condition.

The Board has granted service connection for back pain and increased evaluations for cold injury residuals of the right and left feet. The claim for service connection for a left fourth finger condition is pending.

The veteran's claims for increased ratings for his service-connected jaw and nose disabilities are being remanded to the RO for further development.

The Board found no evidence of a current disability associated with exposure to ionizing radiation or dengue fever, and denied the veteran's claims for service connection.

The Board found no clear and unmistakable error in the September 12, 1946 rating decision assigning a 30 percent evaluation for right thigh gunshot wound residuals. The January 15, 1980 rating decision increasing the left hip and thigh gunshot wound residuals to a 70 percent evaluation is not addressed as it pertains to a different issue.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the failure of a scheduled hearing and the need to ensure compliance with the notice and duty-to-assist provisions of the VCAA.

The veteran's appeal for a compensable evaluation for service-connected anemia is being remanded due to inadequate evidence and the need for further examination.

The Board denied the veteran's claim for service connection for squamous carcinoma of the left tonsil, finding no evidence that it was incurred during or aggravated by military service, including exposure to herbicides. The Board concluded that there is no positive association between the condition and any event relating to his service in Vietnam.

The Board has determined that the VA Regional Office (RO) needs to provide proper VCAA notice and complete any necessary development before deciding this case.

The Board has remanded the case for further action due to incomplete educational file and consideration of a recent General Counsel opinion.

The Board has remanded the case due to inadequate VCAA notice and will provide appropriate notice before proceeding with a decision.