Other conditions decisions — 2003

The Board has remanded the case due to procedural defects in notifying the appellant of her rights under the Veterans Claims Assistance Act (VCAA). The RO must ensure all VCAA notice obligations have been satisfied and re-adjudicate the issue.

The Board found that the appellant is not entitled to recognition as the veteran's surviving spouse for purposes of VA death benefits due to their 1983 divorce.

The Board has determined that the appellant did not have qualifying service in the United States Armed Forces and therefore does not meet the requirements for basic eligibility for VA benefits.

The veteran's service-connected residuals of a gunshot wound to the left calf are currently evaluated as 10 percent disabling, and the Board finds that his disability does not warrant a higher rating.

The Board denied the veteran's appeal for Chapter 30 educational assistance benefits, finding that he did not meet eligibility criteria due to his service history and timing of his participation in the program.

The Board denied the veteran's claim for an increased rating for his service-connected calculus with pyelonephritis, status post stent placement. The issue of entitlement to a temporary total disability rating under 38 C.F.R. § 4.30 was also denied.

The Board has remanded the case for further development, including scheduling a hearing before a Veterans Law Judge at the RO or obtaining documentation from the appellant regarding her preference.

The Board found that the appellant's failure to report her Social Security Administration (SSA) income did not involve fraud, misrepresentation or bad faith on her part. The appeal is granted as there does not exist an indication of such in connection with the creation of the overpayment.

The Board found that the veteran's cause of death, which included cardiovascular disease and hepatoma, was not related to his service or a service-connected condition. The left femur shortening disability did not contribute substantially to the cause of death.

The veteran's appeal is being remanded to schedule a Travel Board hearing. The case will be returned for further proceedings.

The Board has determined that the veteran's National Service Life Insurance policies had lapsed prior to his death, and thus denied the appellant's claim for insurance proceeds.

The Board has remanded the case for further development to determine if the appellant sustained an additional disability as a result of the July 1997 VA surgery and whether such disability was caused by VA care, negligence or lack of proper skill.

The veteran's claim for an increased rating for his service-connected right elbow injury with traumatic arthritis is being remanded to the RO for further development and readjudication.

The veteran died from septicemia and subdiaphragmatic abscess, which the Board found were not related to his military service.

The Board has ordered further development due to pending issues and will remand the case back to the Regional Office for additional examination and consideration.