#DENIED SERVICE CONNECTION BVA DECISIONS SERIES#

Carl Pigman, which provided the following diagnoses: (1) osteomyelitis of the right calcaneus (2) right lung pathology (3) right-side chest pathology (4) osteoarthritis of the dorsal and lumbar spine and both shoulders and (5) gastritis. In support of this claim, he submitted a statement from Dr. He disagreed with the rating and filed a claim for a 100% rating based on TDIU. In February 1982, the RO awarded the appellant a 60% rating for his various service-connected disabilities. See WebsteR’s Medioal Desk DICTIONARY 93 (1986). The calcaneus is a tarsal bone of the foot and is commonly known as the heel bone. In July 1954, he was awarded service connection for osteomyelitis of the right calcaneus at the 10% level. He received a combined 40% rating for his disabilities.

In January 1953, a VA regional office (RO) awarded him service connection for residuals of the gunshot wounds to his chest and right foot.

#DENIED SERVICE CONNECTION BVA DECISIONS SERIES#

After a series of examinations, x-rays, and operations, the appellant was medically retired from the Army in July 1952. The shot went in at the arch of the foot and exited though the heel. In September 1950, during his service in Korea, the appellant sustained a gunshot wound to his right foot. In March 1945, he was shot in the right side of the chest, suffering a severe penetrating wound and multiple lacerations of the right lung. In November 1944, he was wounded by an artillery shell fragment, and received an injury to the tip of his nose, left side of his chin and left index finger. His service included combat duty in both World War II and the Korean Conflict. 1936 to April 1939, and from November 1939 until July 1952. The appellant served in the United States Army from June.

With regard to the remaining claims, the Court will vacate both Board decisions and will remand these matters for further proceedings. For the reasons set forth below, the Court will dismiss the appeal for lack of jurisdiction with respect to the claim for residuals of injuries to the muscle groups and the claim for arthritis of the cervical spine.

The second decision denied (1) service connection for arthritis of the cervical spine, (2) an increased rating for osteomyelitis, and (3) an increased rating for a right sternoclavicular joint separation. The Board styled this decision as a “reconsideration” of two earlier Board decisions. The first decision denied (1) service connection for residuals of injuries to Muscle Groups I through IV, (2) increased ratings for residuals of gunshot wounds of the right foot and right side of the chest, and (3) a total rating based on individual unemployability (TDIU). The appellant, Carl Smallwood, appeals two March 28,1994, decisions of the Board of Veterans’ Appeals (BVA or Board). Judge Mankin was assigned to and participated in this case, but died before its final disposition. Washington, Washington, DC, were on the pleadings, for appellee.īefore NEBEKER, Chief Judge, and MANKIN * and IVERS, Judges. Engel, Deputy Assistant General Counsel and Carolyn F. Mary Lou Keener, General Counsel Ron Garvin, Assistant General Counsel David W. Order Clarifying Decision March 11, 1997. Jesse BROWN, Secretary of Veterans Affairs, Appellee.

Denied service connection bva decisions