Other conditions decisions — 2004

The Board has decided to remand the case for additional development, including obtaining service medical records and a VA oncologist's opinion on the cause of the veteran's cancer.

The veteran's claims for an increased rating for ulcerative colitis and a total disability rating based on individual unemployability are being remanded due to the need for additional development, including obtaining VA medical records and ensuring proper VCAA notification.

The Board has ordered the RO to recalculate the overpayment amount and prepare a written summary of the calculation. The veteran's waiver request will then be reconsidered by the Committee on Waivers and Compromises.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for left leg disability resulting from VA hospitalization or medical or surgical treatment in January 1998. The Board has determined that additional development and consideration are needed before a final decision can be made.

The Board has remanded the case for additional development of the record, including compliance with VCAA requirements.

The Board denied higher evaluations for the veteran's service-connected varicose veins, finding that the disability did not meet criteria warranting a rating higher than 30 percent from December 2, 1995 to July 29, 1999; and from July 29, 1999 to March 23, 2003. The veteran's varicose veins were evaluated as moderate in severity.

The Board found that the appellant and veteran did not enter into a common law marriage prior to May 2001, which is required for her to be recognized as the surviving spouse for VA death benefits purposes.

The Board has ordered further development due to errors in the initial decision and issues related to secondary service connection.

The Board has determined that the veteran's hypertension, which was manifested within a year of his discharge from service and resulted in heart disease, contributed to his death. Therefore, service connection for the cause of death is granted.

The Board denied compensable evaluations for residuals of shell fragment wounds to the right forearm and right upper arm in July 1993, but assigned a 10% evaluation for a chest wound. The veteran is now challenging this decision on grounds of clear and unmistakable error (CUE).

The veteran is seeking service connection for bilateral leg and foot pain. The Board has determined that a remand is necessary to obtain a nexus opinion regarding the etiology of any current disorders.

The Board has determined that the veteran's residuals of a gunshot wound to the right chest do not warrant a disability rating in excess of 40 percent.

The Board determined that the appellant is not entitled to recognition as the surviving spouse of the veteran for VA death benefits purposes due to her divorce from the veteran prior to his death.

The VA determined that the veteran does not have currently diagnosed residuals of paralysis from diphtheria in service.

The Board denied service connection for the cause of the veteran's death and eligibility for non-service connected pension benefits due to lack of evidence linking any current disability, including bronchiectasis, to service.