Other conditions decisions — 2004

The Board and the RO have previously denied service connection for the cause of death, finding no evidence linking it to service or a service-connected disability. The appellant has submitted new medical literature but this evidence is not considered material as it does not relate to an unestablished fact necessary to substantiate the claim.

The Board found that the appellant and the veteran were legally divorced in March 1981, and thus did not meet the requirements to be recognized as the surviving spouse for VA benefits purposes.

The Board has decided to remand the case due to VCAA compliance issues, and the appellant's claim for service connection for a right eye disability will be reviewed again with proper notice and assistance.

The Board denied a rating in excess of 10 percent for the veteran's right wrist disability, finding that the current 10 percent rating is the maximum provided for limitation of motion of the wrist.

The Board denied the veteran's claim for service connection for chronic prostatitis, finding that new and material evidence had not been received to reopen the previously denied claim.

The Board found no current diagnosis of malaria and denied service connection for the condition.

The Board has remanded the case due to issues related to service connection for gastritis and whether new and material evidence has been submitted to reopen a claim of service connection for a functional heart murmur.

The veteran's gout and detached sesamoid of the left medial MTP joint are currently rated at 20 percent, with no higher rating due to less than three attacks per year.

The veteran's cause of death was service-connected lymphoma. The appellant is entitled to DIC benefits as she married the veteran within 15 years after his separation from service and had been married for more than one year.

The veteran's claims for service connection for right hand injury residuals and high cholesterol are being remanded due to the need for additional development, including VA examinations.

The Board found that the appellant's late husband did not have qualifying service to be eligible for VA benefits, and thus denied basic eligibility for VA death benefits.

The Board has remanded the case due to incomplete development of medical records and a need for further examination.

The Board has dismissed the appeal due to the appellant's request for withdrawal of his appeal prior to a decision being made.

The case is being remanded due to incomplete records and the need to determine when eligibility for Chapter 35 benefits was established. The appellant's claim will be returned after compliance with required procedures.

The Board of Veterans' Appeals has determined that the veteran is not competent for VA purposes due to his mental incapacity, as evidenced by his inability to manage his finances and perform basic calculations.

The Board has determined that the veteran's atrophic right testicle, with reduced sex drive, erections, and energy level is due to VA surgical repair of a right inguinal hernia. The decision grants compensation benefits under 38 U.S.C.A. § 1151.

The Board denied the veteran's claim for an increased evaluation of his service-connected chondromalacia, left patella, with traumatic arthritis of the knee joint, as there was no evidence of limitation of motion or x-ray findings that would warrant a separate rating.

The Board has determined that the veteran's arthritis of the thoracic spine is as likely as not secondary to his service-connected foot disabilities, and thus grants service connection for this condition.

The Board has established service connection for a lung disorder, finding that the veteran's current condition is related to his period of active duty service.

The Board found no evidence linking the veteran's pseudomyxoma peritonei and adenocarcinoma to his military service, including exposure to herbicides. The cause of death was determined to be small bowel obstruction with significant contribution from metastasis. Service connection for the cause of death is denied.