Other conditions decisions — 2006

The Board has determined that the veteran's death was due to his service-connected pancreatic cancer, which as likely as not resulted from exposure to chemicals in service. As a result, the claim for service connection for the cause of the veteran's death is granted.

The Board found that the veteran does not have porphyria cutanea tarda and denied his claim for service connection.

The veteran's claims for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318 and accrued benefits were denied as the veteran did not have a pending claim with VA at the time of his death.

The Board has determined that the veteran's hiatal hernia was not incurred during his military service and denied his claim for service connection.

The veteran's claims for service connection and increased rating are being remanded due to the need for additional medical opinions regarding his claimed conditions.

The veteran's graying hair is not considered a compensable disability. The service connection for multiple joint pain, attributed to gout, has been granted with a 10% rating.

The Board has determined that the appellant's discharge from service is under dishonorable conditions and therefore acts as a bar to VA benefits, except for healthcare under Chapter 17 of Title 38, United States Code.

The Board denied a higher initial evaluation for the veteran's supraventricular tachycardia, previously diagnosed as atrioventricular nodal tachycardia status post radiofrequency ablation, finding that her condition did not meet criteria for a rating in excess of 10 percent.

The VA denied the veteran's claim for an increased evaluation of his service-connected shell fragment wound (SFW) residuals of the right thigh, currently rated at 10 percent.

The Board has reopened the claim for service connection for an eye disorder, as new and material evidence has been submitted. However, the claim cannot be granted because there is no evidence that the current eye disorder is related to military service.

The Board has ordered the case to be remanded for additional development of the record, including obtaining relevant medical records and scheduling a VA examination.

The Board has determined that there is no competent medical evidence showing the veteran has an ear disorder or a disorder manifested by dizziness and staggering related to service. Therefore, the claims for service connection are denied.

The Board has determined that the veteran's claimed disabilities, including neurotoxin related problems and non-Hodgkin's lymphoma, are not linked to service or any in-service exposure to lead-based paint or solvents. The medical evidence does not support a finding of causation.

The veteran's service-connected right middle finger oblique fracture results in a 10% disability rating due to pain and loss of functional strength.

The Board found no CUE in the January 1984 rating decision that assigned a noncompensable evaluation for left calf shell fragment wound residuals. The effective date of April 26, 2000 is considered the earliest possible effective date as it was the date of the claim and there was no evidence showing an increase in disability prior to this date.

The Board has granted the veteran's claim for service connection for esophagitis, finding that his current condition is related to his gastrointestinal complaints during service.

The Board has denied the veteran's claims for service connection for residuals of cold injury to the hands and feet, finding no evidence of such injuries in service or a current disability related thereto. The claim for higher rating for hearing loss is remanded due to new evidence.

The Board has determined that the veteran's conditions do not warrant an initial evaluation in excess of 10 percent for fractured right forearm, a compensable evaluation for paralysis of upper forehead and scalp with left upper lid retraction, or a compensable evaluation for tendonitis, residual of right acromioclavicular separation.

The Board has determined that hypercholesterolemia is not a chronic disability for which VA benefits may be awarded, and therefore denied the veteran's claim for service connection.

The Board denied the veteran's request for a waiver of overpayment of VA pension benefits due to fault on the part of the veteran and lack of undue hardship, but found no fraud, misrepresentation, or bad faith. The decision also noted that recovery would not defeat the purpose of the benefit.