Other conditions decisions — 2005

The veteran's claim for an initial rating for his service-connected left knee disorder from February 23, 2000 is being remanded due to the need for additional medical evidence and compliance with VCAA requirements.

The Board denied the veteran's claim for service connection for residuals of a back injury, finding that there was no current diagnosis and attributing any complaints to a slipped epiphysis of the left femoral head.

The Board has determined that the cause of the veteran's death, metastatic colon cancer, could have been service-connected at the time of his death because it was manifested to a compensable degree within one year of his separation from service. Therefore, the appellant meets the eligibility criteria for Chapter 35 education benefits.

The Board has ordered a remand to gather more medical evidence regarding the veteran's stuttering and its onset or aggravation during service.

The VA denied the veteran's claim of service connection for a lung disorder, attributing it to lack of evidence linking the condition to his military service or presumed exposure to herbicides.

The Board has denied the veteran's claim for service connection for alcoholism, finding that it is a result of his own willful misconduct and not related to any service-connected disability.

The veteran withdrew his appeal for an increased rating for hiatal hernia with history of duodenal ulcer, and the issue is now dismissed.

The veteran's appeal is being remanded for additional VA examination to determine the nature and severity of his service-connected post-operative cardiac disability, including whether current cardiac signs and symptoms are associated with his service-connected proximal supraventricular tachycardia residuals or nonservice-connected coronary artery disease.

The veteran's surviving spouse is seeking to recover accrued benefits based on a claim of clear and unmistakable error (CUE) in the assignment of an effective date for TDIU. The case has been remanded due to legal precedent changes.

The veteran would have been entitled to a total disability rating for more than ten years prior to his death, based on hypothetical entitlement. The Board grants DIC benefits under the provisions of 38 U.S.C.A. § 1318.

The veteran's dysthymic disorder is currently rated at 10 percent, and his hiatal hernia and gastritis are also rated at 10 percent. The Board found that the evidence did not support a higher rating for either condition.

The Board denied the veteran's claim for an increased rating for his service-connected residuals of a duodenal ulcer, status post Bilroth I gastric resection, finding that the disability is currently manifested by mild gastritis without complications and did not meet criteria for higher ratings.

The Board denied the veteran's claim of service connection for cardiac arrhythmia as secondary to his service-connected PTSD.

The VA denied an initial compensable rating for the veteran's arteriovenous fistula of the right lower thigh, finding no objective evidence of edema or stasis dermatitis and noting that there is no medical evidence of symptoms such as enlarged heart, wide pulse pressure, tachycardia, or cardiac involvement.

The Board denied the veteran's claims of service connection for squamous cell carcinoma and status-post removal of an enlarged lymph node in the left axilla, both based on presumed exposure to herbicides during service.

The Board denied service connection for spondylolisthesis in August 1977, finding no evidence of a chronic disability resulting from the veteran's complaints during service.

The Board determined the appellant was ineligible for nonservice-connected pension benefits due to insufficient qualifying service.

The Board has remanded the case due to incomplete examination and needs further review of the evidence.

The Board found that the veteran was at fault in creating the overpayment of disability pension benefits and denied his request for a waiver.

The Board found that the veteran did not timely file a substantive appeal regarding his claim for service connection for temporomandibular joint disorder, and thus dismissed the appeal.