Other conditions decisions — 2004

The Board granted the veteran's claim of service connection for adenocarcinoma of the esophagus, finding that it was incurred during active service due to exposure to Agent Orange. The decision is based on medical literature linking esophageal cancer to Agent Orange exposure.

The Board has found that the appellant submitted a timely notice of disagreement regarding her initial rating for dysthymic disorder and the effective date for her TDIU. The case is now remanded to determine if these claims should be granted.

The Board denied the veteran's claims for increased ratings for his service-connected hiatal hernia and urticaria, finding that the evidence did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Board found that the November 1974 rating decision contained clear and unmistakable error in not assigning a separate evaluation for neurological symptomatology of the left hand, thumb, and first metacarpophlangeal joint. The appeal is granted to this extent.

The Board denied the claim for an earlier effective date for DIC, finding that the law does not allow for an earlier effective date than September 28, 1993.

The Board has remanded the case to the RO for additional development, including obtaining medical records from Drs. Beck and Lee, and readjudicating the claim for service connection for the cause of the veteran's death.

The Board found no evidence linking the veteran's mitral valve prolapse to his military service or any service-connected condition, and denied both direct and secondary service connection.

The Board has remanded the case to the RO for initial consideration of additional evidence submitted by the appellant and her attorney.

The Board found that the appellant's hemorrhoids, a known clinical diagnosis, are not related to an undiagnosed illness and denied his claim for service connection.

The Board denied a compensable evaluation for status post nasal fracture, finding that the evidence did not show a 50% obstruction of the nasal passage on both sides or complete obstruction on one side.

The Board denied the appellant's claim for service connection for the cause of her spouse's death due to PTB, finding that there was no evidence of a confirmed diagnosis of PTB within the three-year presumptive period after service.

The VA denied the veteran's claim for service connection as there are no current residuals of bayonet wounds of the right foot and no in-service diagnosis or treatment.

The Board found that the veteran's current neck disorder is not related to his military service and denied his claim for service connection.

The Board denied the appellant's petition to reopen her claim for revocation of forfeiture of VA benefits, finding that no new and material evidence had been submitted.

The Board has granted service connection for esophageal stricture as secondary to the veteran's service-connected lumbar strain with degenerative arthritis. The issue of benefits under 38 U.S.C.A. § 1151 for plantar fasciitis remains pending.

The Board has granted the veteran's request for waiver of overpayment of nonservice-connected pension benefits in the amount of $19,464.00, finding that recovery would violate the standard of equity and good conscience.

The appellant seeks service connection for a back disability, which he claims is related to an in-service injury while moving a desk. The VA has ordered a remand due to the need for further examination and review of his medical records.

The Board has remanded the case for additional development due to incomplete information and potential errors in the claims file. The appellant's claim of service connection for muscular strain of the left trapezius and back is pending.

The veteran's death was caused by cardiopulmonary arrest, sepsis, chemotherapy for non-Hodgkin's lymphoma, and chronic lymphocytic leukemia. None of these conditions are service-connected.

The Board denied a disability rating in excess of 30 percent for the veteran's loss of vision in the left eye, as his service-connected condition is already rated at its maximum.