Other conditions decisions — 2004

The Board has ordered additional development to obtain medical records and VCAA compliance, including obtaining Social Security Administration and Massachusetts Department of Social Services records. The appeal will be remanded for further action.

The veteran's death was not considered to be service-connected, and the appellant did not file a timely application for accrued benefits.

The Board has reopened the veteran's claim for service connection for an eye disorder, finding new and material evidence that supports a possible link to his military service. The issue of assigning a disability rating will be addressed in the remand portion.

The Board found that no new and material evidence had been submitted to reopen the veteran's claim of service connection for Bartter's syndrome. The RO has since denied reopening the claim, but additional evidence may be considered in the future.

The Board has determined that the veteran's claim for service connection for defective vision of the right eye is denied as there was no new and material evidence submitted to reopen the previously denied left eye claim. The RO will now consider this issue on a de novo basis.

The veteran's claims for service connection for basal cell carcinoma and multiple joint arthritis were denied as there was no medical evidence linking these conditions to his military service.,Service connection for residuals of frostbite, prostate cancer, varus osteoarthritis in the left knee, and varus osteoarthritis in the right knee status post replacement were not addressed due to lack of relevant claims.

The case is being remanded due to missing documentation and incomplete information regarding the veteran's second marriage and dependency changes.

The veteran's claim for an increased rating for his upper back disability is being remanded due to the need for additional development, including obtaining VA medical records and scheduling a VA examination. The service connection issue related to spinal stenosis of L4-L5 remains unresolved.

The Board found that a timely Substantive Appeal was not filed with respect to the denial of compensation benefits under 38 U.S.C.A. § 1151, and thus lacks jurisdiction to consider the appeal on its merits.

The veteran's appeal is being remanded due to the need for additional VA medical records and a waiver of preliminary RO review of new evidence.

The veteran's filariasis is currently manifested as an active disease, and the Board has granted a 100 percent rating for this condition.

The Board has granted a separate 10 percent evaluation for right knee instability and an additional 10 percent evaluation for limitation of motion, effective from October 2002. The veteran's service-connected right knee disability is now rated at 20 percent overall.

The Board has determined that the veteran's marriage to S.K.M. is valid for VA purposes, based on his consistent testimony and the absence of evidence of a prior marriage.

The VA denied the veteran's claim for an increased rating for his service-connected HIV infection, currently rated at 60 percent.

The veteran's service-connected generalized anxiety disorder contributed to his death from congestive heart failure. His 100% disability rating for the condition was in effect at the time of his death.

The Board has remanded the case for additional development and consideration of the veteran's claims for service connection for residuals of a head injury and for a compensable evaluation for the residuals of a tonsillectomy.

The Board denied the veteran's claim of service connection for cold injury to hands and feet, finding no evidence of a current disability or a link between the claimed condition and his military service.

The Board denied a higher rating for service-connected residuals, stress fracture of the posterior ramus of the left hip and granted a 10 percent rating for residuals, stress fracture of the calcaneus of the right foot.

The veteran's claim for an initial rating in excess of 10 percent for cellulitis of the scalp and groin is being remanded due to the need for additional medical examination.

The Board has granted a 10 percent evaluation for the veteran's right middle finger disability, which is rated as ankylosis under Diagnostic Code 5226. The condition is productive of severe pain and loss of grip strength.