Other conditions decisions — 2004

The veteran's appeal is being remanded for further review of his claim regarding the rating assigned to service-connected burns to the back and neck.

The Board has remanded the case due to a lack of evidence regarding whether the appellant had a valid common-law marriage with the veteran for more than one year prior to his death, which is required for death pension benefits. The RO must notify the appellant and her service representative of what evidence she should submit.

The Board has determined that the veteran's right elbow disability, characterized by a traction osteophyte and limitation of motion, is service-connected.

The veteran's claim for an increased evaluation for his service-connected residuals of a laminectomy at L5-S1, with degenerative joint disease is being remanded due to the need for additional development including VA examinations and obtaining treatment records.

The veteran is seeking an increased disability rating for his service-connected chronic cystitis, which is currently evaluated as 10 percent disabling. The RO denied the claim and remanded the case to obtain additional evidence and clarify the source of the veteran's symptomatology.

The veteran's claim for an increased rating for his service-connected neuritis of the right sixth dorsal nerve is being remanded to allow for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the appellant did not have qualifying service and is therefore not a veteran for purposes of VA benefits.

The veteran's service-connected post-operative residuals of a vagotomy and pyloroplasty due to a duodenal ulcer have not produced episodes of epigastric disorders with characteristic mild circulatory symptoms after meals, causing diarrhea and weight loss. Therefore, the claim for an increased rating is denied.

The veteran's application for VA medical care was denied as he did not meet the criteria to be placed in priority groups 1 through 7 under the provisions of 38 C.F.R. § 17.36.

The Board has remanded the case to determine if the veteran's exposure to ionizing radiation in service caused his chronic lymphocytic leukemia, which led to his death.

The Board has remanded the case for additional development, including obtaining VA medical records and SSA disability benefits information. The veteran's claims for increased evaluation and special monthly compensation on account of loss of use of the right upper extremity are pending.

The Board dismissed the appeal as moot because the veteran's change in medical enrollment status from Priority Group 7c to Priority Group 8c did not impact his level of care at VA facilities.

The Board has determined that new and material evidence has been presented to reopen the claim for VA death benefits, but it is unclear whether service connection will be granted as the issue remains pending. The decision does not specify a rating assigned or an effective date.

The Board denied the veteran's claims for service connection, an increased rating for a right anterior chest lesion (Ghon Complex), claimed as pulmonary tuberculosis, and entitlement to TDIU. The claim for service connection was not reopened due to lack of new and material evidence.

The Board has determined that the veteran's residuals, diastasis of the pubic symphysis with left sacroiliac joint sprain were manifested by no more than characteristic pain on motion of the lumbar spine without evidence of additional functional loss due to pain or other pathology prior to September 13, 1993. The effective date for a compensable disability rating is therefore set at that time.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on September 27 and September 28, 2001. The decision found that the veteran had coverage under a health-plan contract for part of the treatment, thus not meeting one of the criteria for reimbursement under the Veterans Millennium Health Care Benefits Act.

The Board denied the veteran's claim for nonservice-connected pension, finding that his dementia, memory loss, and right little finger fracture are due to willful misconduct.

The Board denied the veteran's claims for compensation benefits under 38 U.S.C.A. § 1151 for loss of balance and urinary incontinence, finding that there was no evidence to support these conditions resulting from VA medical treatment.

The VA denied the veteran's claim for service connection of a cardiovascular disorder, status post surgeries, as secondary to his service-connected anxiety disorder. The VA found that there was no evidence linking the cardiovascular disorder to his service-connected anxiety disorder.

The Board denied the appellant's claim for service connection due to a character of service that was not considered a bar to VA benefits, and also found that his brain tumor did not occur in or be aggravated by active service.