Other conditions decisions — 2004

The Board denied the appellant's claim to reopen her forfeiture of VA benefits, finding no new and material evidence.

The veteran's appeal is being remanded for additional development to ensure all pertinent evidence has been obtained and associated with the claims file, including private and VA treatment records. The RO will schedule the veteran for VA orthopedic and dermatology examinations to determine the nature and severity of his shell fragment wound residuals and scars.

The Board found that the postoperative residuals, congenital aortic stenosis were present at the time of the appellant's entry into active duty for training (ACDUTRA) and did not undergo a chronic increase in severity beyond natural progression during ACDUTRA. The Board concluded that the preservice condition was not aggravated by service.

The veteran's service-connected gunshot wound to the left thigh is productive of no more than moderate injury, resulting in a rating of 30 percent.

The Board has ordered a remand to obtain an examination and medical opinion regarding whether the veteran's gouty arthritis of the right great toe is related to her service-connected hypertension.

The Board found that the veteran's right foot disability, characterized by hammertoe, traumatic arthritis, pain, fatigability, and limitation of motion, is severe but not so severe as to warrant a rating in excess of 30 percent.

The Board has remanded the case due to a lack of review by an appropriate specialist regarding whether the veteran's primary sclerosing cholangitis is causally related to service, including radiation exposure. The RO must arrange for the claims folder to be reviewed by an expert who will provide opinions on the etiology and relationship between the condition and military service.

The Board denied service connection for the cause of the veteran's death, finding that the anaplastic oligodendroglioma was not present in or related to service.

The Board found that the appellant's spouse had no recognized military service with the Armed Forces of the United States, and thus denied the claim for basic eligibility for VA death benefits.

The Board denied an initial compensable rating for residuals of a fracture of the left great toe, finding that the disability did not meet or approximate the criteria for any applicable rating under VA's Rating Schedule.

The Board dismissed the veteran's appeal because he did not file a timely substantive appeal regarding his claims for service connection for a respiratory disorder, residuals of a left hand injury, and residuals of shrapnel wounds to the right side of the body.

The veteran's military service is not qualifying service for VA nonservice-connected disability pension benefits.

The veteran's appeal is being remanded due to the need for additional development and notification under the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has determined that additional development is necessary due to the need for VCAA compliance and further investigation into the veteran's service in Thailand. The appeal will be remanded for these purposes.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she was divorced from him at the time of his death and did not qualify under VA regulations.

The Board determined that the appellant's right inguinal hernia was not incurred or aggravated during his active military service, and thus denied his claim for service connection.

The Board has determined that the veteran's ventral incisional hernia is not a result of negligence or other fault on the part of VA, but was due to his abdominal surgery. The Board found in favor of the veteran and granted compensation under 38 U.S.C.A. § 1151.

The Board has granted an increased rating to 30 percent for the veteran's service-connected left hand disability, which is currently rated as 20 percent disabling. The new evaluation reflects severe impairment of Muscle Group VII.

The veteran's urticaria is found to be secondary to his service-connected atrial septal defect with tachycardia. His status post operative repair of a secundum atrial septal defect with tachycardia has been granted an increased rating to 30 percent effective September 1, 2003.

The appeal was denied as the appellant did not submit a well-grounded claim for service connection for the cause of the veteran's death.