Other conditions decisions — 2007

The Board has ordered the case to be remanded for proper notification of what evidence is needed to reopen a previously denied claim of service connection for a lung disorder.

The Board has determined that the veteran's Horner's syndrome, characterized by anhydrosis, slight ptosis, and right eye irritation, does not warrant a disability rating in excess of 10 percent.

The Board has determined that the veteran's right ovarian endometrioma is likely related to her service, and thus grants service connection for this condition.

The Board has determined that further development is needed to obtain the veteran's service medical records and VA treatment records, as well as evidence of any radiation exposure during service. The case will be remanded for these purposes.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for a colon disability. The case is remanded for further development.

The veteran's appeal is being remanded for a Travel Board hearing. The issues are whether he can establish service connection for skin and liver disorders due to herbicide exposure, and if new evidence has been submitted to reopen his claim for liver disorder.

The Board dismissed the veteran's appeal because he did not timely file a Substantive Appeal regarding the February 2003 rating that awarded an effective date retroactive to August 2, 2000 for TDIU.

The Board has determined that the veteran's service-connected left above knee amputation, osteomyelitis of the left lower extremity, and post-operative degenerative joint disease of the left knee did not cause or contribute to his death from malignant hepatoma. The VA oncologist concluded that the primary cause of malignant hepatoma was chronic hepatitis C or B with cirrhosis, unrelated to the veteran's service-connected disabilities.

The Board found that the veteran died from metastatic gastric cancer, which was not service-connected. Therefore, the claim for service connection for the cause of death and DIC benefits were denied.

The Board has denied the veteran's claim for an earlier effective date for his service connection for post traumatic internal derangement and degenerative joint disease of the left knee, finding that no increase in disability was factually ascertainable prior to March 12, 1997.

The Board denied the veteran's claims for service connection for squamous cell carcinoma of the right neck and entitlement to TDIU due to lack of evidence linking the condition to service, including exposure to ionizing radiation. The claim was not based on a presumption or other special circumstances.

The Board has remanded the case due to incomplete records and a need for new VCAA notice. The appellant's claim will be readjudicated after obtaining additional records and providing proper notice.

The VA denied the veteran's claim for a rating in excess of 10 percent for his service-connected left foot disability, finding that the objective and probative medical evidence did not show more than subjective complaints of pain and swelling with no significant residual disabilities.

The veteran's claim for a higher rating for his low back disability is being remanded due to the need for additional VA treatment records and an orthopedic examination.

The veteran is seeking service connection for a left eye disorder, which he claims was incurred during his military service. The Board has determined that further development is needed to determine the nature and etiology of any current left eye disability.

The Board denied the veteran's claim for an earlier effective date for the grant of service connection for non-Hodgkin's lymphoma with total gastrectomy, as secondary to exposure to ionizing radiation. The earliest document that can be considered a claim is from February 28, 1996.

The veteran was granted a TDIU rating of 70% for his service-connected psychiatric disability (Panic Disorder) effective from May 9, 2002. However, the RO received his initial claim for TDIU in September 2002 and he did not report to the scheduled VA examination due to unemployability issues.

The Board found that the veteran's service-connected traumatic arthritis of the right wrist did not meet or approximate criteria for a higher rating than 10 percent, as it did not show ankylosis of the wrist.

The Board is remanding the case to determine if the veteran's service-connected nephrolithiasis caused or contributed to his kidney failure, which may have been a factor in his death.

The Board has determined that the veteran's previously denied claims for service connection for otitis media and otitis externa in the left ear, bilateral hearing loss, and tinnitus have been denied as secondary to his service-connected right ear disorders.