Other conditions decisions — 2004

The Board has decided to remand the case for further development, including a VA psychiatric examination and compliance with VCAA notice requirements.

The Board denied the veteran's request for an earlier effective date of January 11, 2001 for service connection of Crohn's disease, finding that the earliest document showing a claim was his December 29, 1977 VAF 21-527 form, which did not mention Crohn's disease.

The appellant's service as a Merchant Marine from December 1945 to February 1952 is not considered active military, naval, or air service due to the specific date range provided. Therefore, he does not meet the criteria for basic eligibility for VA disability compensation benefits.

The veteran's appeal is being remanded to the RO for additional development due to a request for an RO hearing. The case will be reviewed again after the hearing, and if necessary, a supplemental statement of the case will be provided.

The Board has remanded the case due to the need for additional evidence and a statement of the case on several issues.

The Board found that the veteran's cause of death, massive intracerebral hemorrhage, was not related to his military service or a service-connected disability. Therefore, the claim for service connection for the cause of the veteran's death is denied.

The Board denied the appellant's request to reopen her claim for recognition as the veteran's surviving spouse for VA death pension benefits, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's chest burn residuals are service-connected, resolving all doubt in his favor.

The Board has remanded the case for additional development, including obtaining medical records and a VA examiner's opinion on the cause of death. The appellant is also advised to submit any relevant evidence in her possession.

The Board has remanded the case due to a failure to adequately discuss the duty to assist, and the veteran's claim for an earlier effective date for TDIU is being returned to the RO for further action.

The veteran's appeal is denied as he did not receive VA treatment within the 24-month period preceding his July 13, 2002 hospitalization and thus is not eligible for reimbursement under the Veterans Millennium Health Care and Benefits Act.

The Board denied the veteran's claims for an increased rating for Crohn's disease and for a total disability rating based on individual unemployability due to service-connected disabilities. The veteran was rated at 30 percent for his service-connected Crohn's disease.

The Board found that the cause of the veteran's death, intracranial hemorrhage, is not service-connected due to lack of evidence linking it to his military service or exposure to Agent Orange. The claim for eligibility for Dependent's Educational Assistance lacks legal merit.

The Board found no evidence of a head injury during service and no current diagnosis or post-service medical evidence linking the veteran's alleged in-service injury to his present condition. As such, the claim for service connection for residuals of a head injury is denied.

The veteran's claim for an initial rating in excess of 10 percent for her service-connected left hip disability is being remanded due to the need for a new examination and consideration of additional treatment records.

The Board has determined that the reduction of the veteran's rating from 30% to 10% for residuals of cholecystectomy was improper. The RO is now required to restore the veteran's original 30% rating, and then re-adjudicate his claim for an increased evaluation.

The veteran's right arm disability was initially evaluated as noncompensable and later increased to 10 percent effective January 14, 2002. The claim for an earlier effective date is granted.

The Board denied an increased evaluation for service-connected bilateral Morton's disease, finding that the current 10 percent rating adequately reflects the veteran's symptoms.

The Board has granted an initial compensable evaluation of 10 percent for uveitis, residuals of an injury to the right eye. The condition is found to be directly related to service-connected uveitis.

The Board has decided to remand the case for further development, including obtaining medical records and a VA medical opinion regarding the cause of the veteran's death.