Other conditions decisions — 2004

The veteran's claims for service connection for a bilateral leg disability and increased evaluations for his service-connected bilateral foot disabilities are being remanded due to the need for additional VA examinations, as well as the possible need to obtain additional medical records.

The veteran's claims for service connection and a compensable disability rating are being remanded due to the need for additional development.

The Board found that the veteran's request for waiver of overpayment was timely filed, despite being made more than 180 days after his legal custodian was notified of the overpayment. The Board considered this to be a case where circumstances beyond the veteran's control prevented him from receiving timely notice of the debt.

The appellant is not eligible for VA death benefits as the surviving spouse of the veteran because she was not married to him for at least one year prior to his death, nor did they have a child before or during their marriage.

The veteran's multiple joint pain is currently rated at 20 percent, and the Board finds that a higher rating of 40 percent is warranted based on his symptoms.

The Board found that the veteran's cold injury residuals were incurred in service and granted his claim for service connection.

The veteran withdrew his appeal on the claim for service connection for residuals of a fracture of the right foot. The issue is now dismissed.

The Board denied the veteran's claims for service connection for a bilateral leg disorder and a left foot disorder, finding no competent medical evidence linking these conditions to his military service.

The veteran's appeal is remanded for further development, including obtaining medical records and a VA examination to assess the severity of his service-connected degenerative joint disease of the hands and feet. The appropriate diagnostic codes will be applied based on when the rating criteria changes took effect.

The VA denied the veteran's claim of service connection for abnormal weight loss, finding no evidence of a chronic disability related to her active service or an undiagnosed illness that developed during the Persian Gulf War.

The Board of Veterans' Appeals (BVA) has determined that the appellant may not be recognized as the veteran's surviving spouse for VA purposes, and thus death pension benefits were properly terminated.

The Board has determined that the veteran's Merkel cell carcinoma is related to his active military service, and thus grants service connection for this condition.

The veteran's squamous cell cancer of the mouth was not incurred in or aggravated by service and may not be presumed to have been so incurred. The claim for PTSD is denied as new and material evidence has not been received.

The Board has remanded the veteran's claims for an initial rating greater than 10 percent for service-connected Crohn's Disease and an initial (compensable) rating for service-connected degenerative joint disease of the right thumb, residual fracture. The RO is instructed to obtain all relevant medical records from Dr. Sator and Dr. Frediman Jones, schedule the veteran for a VA examination regarding his Crohn's Disease and degenerative joint disease of the right thumb, and re-adjudicate the claims.

The Board dismissed the veteran's appeal because he does not have a personal stake in the outcome of the apportionment of his VA disability compensation benefits on behalf of his spouse.

The veteran's claim for payment of unauthorized medical expenses incurred during his hospital stay from January 20 to January 24, 2002 is being remanded due to procedural issues related to the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's schizoaffective disorder is related to his active duty service and has been granted.

The veteran's thoracic spine disability is productive of severe functional impairment, warranting a higher rating of 20 percent under both the old and amended schedule for rating spine disabilities.

The Board has determined that the veteran does not have any current disabling residuals attributable to his history of rheumatic fever, and thus denies a compensable rating for this condition.

The Board has reopened the veteran's claim for service connection for an ulcer disorder due to new and material evidence submitted since the May 1975 rating decision. The case is now remanded for further development.