Other conditions decisions — 2003

The veteran's claim for service connection for esophageal cancer has been dismissed due to the death of the veteran.

The RO denied the veteran's claim for an initial disability rating in excess of 30 percent for stricture of the esophagus.

The veteran's claims for service connection and increased rating are being remanded due to the need for additional development, including an EMG nerve conduction velocity study.

The veteran's current diagnosis of vitiligo is considered to be at least as likely as not related to his military service, leading to the grant of service connection for a skin disorder.

The Board has granted service connection for irritable bowel syndrome, finding that it is a qualifying chronic disability presumed to have been incurred as a result of service in the Persian Gulf War.

The veteran's special monthly compensation was reduced from a rate based on loss of use of both feet to a rate based on loss of use of one foot due to changes in his physical condition. The Board found no CUE, but the Court vacated and remanded the decision.

The Board has denied the veteran's increased rating claim for his service-connected neck and right shoulder disability, currently rated at 10 percent.

The Board has determined that the veteran's current disability due to Lyme disease is etiologically related to his active military service, and thus grants service connection for this condition.

The Board has determined that the veteran's residuals of injuries sustained in an automobile accident are not proximately due to or the result of service-connected diabetes mellitus.

The Board denied the veteran's claim for service connection for dental disorders other than those affecting teeth 23, 25, and 26 due to his failure to report for a scheduled VA dental examination.

The Board has ordered a VA examination to determine if the veteran's current right foot injury residuals are related to an in-service injury. The case will be remanded for this purpose.

The Board has granted a 50 percent evaluation for the veteran's service-connected bilateral bunion deformities, finding that his disability picture more nearly approximates the criteria for such an evaluation.

The Board has ordered further development due to pending issues and is remanding the case back to the RO for additional consideration.

The Board has remanded the case to the RO for further development due to issues related to an earlier effective date for death pension benefits. The appellant is seeking a retroactive award of death pension benefits, but her claim was denied because her income exceeded the maximum allowable rate and she did not submit evidence of a timely filed application with SSA.

The Board has determined that the veteran's myopia with an astigmatism is not a disability for VA compensation purposes and thus does not warrant service connection. The issue of whether new and material evidence has been received to reopen the claim of entitlement to service connection for HIV remains pending, as the record includes evidence that bears directly and substantially upon the specific matter under consideration.

The Board denied service connection for residuals of a herniated nucleus pulposus in August 1974. The veteran's motion to revise or reverse this decision due to clear and unmistakable error was denied.

The Board denied the veteran's request for a rating in excess of 10 percent for residuals of a left foot injury, finding that there was no clear and unmistakable error in their decision.

The Board has granted a waiver of recovery of overpayment in pension benefits in the amount of $108, finding that the appellant's failure to notify VA of his change in medical expenses was his fault and not against equity and good conscience.

The Board denied the appellant's claim for an apportionment of the veteran's VA benefits on behalf of his children, finding that the veteran reasonably discharges his responsibility for child support and that hardship has not been demonstrated by the appellant.

The Board found that the veteran's calluses on both feet had their onset during service and granted service connection for this condition.