Other conditions decisions — 2009

The Board has remanded the case for additional development of the appellant's service records and to verify his active duty service, as well as any medical discharge. The claim will be reconsidered based on this new evidence.

The Board found that the Veteran's fatal metastatic laryngeal carcinoma was not caused by or substantially contributed to by a disability incurred in service, including exposure to ionizing radiation. The claim for service connection for the cause of death was denied.

The Veteran's left hand skin condition is not service connected due to Agent Orange exposure. The Veteran's bilateral hearing loss does not warrant an initial compensable disability rating.

The VA denied the Veteran's claim to reopen his service connection for a back injury, finding that new and material evidence had not been received.

The Board has determined that the Veteran's current colon disorder, status post lower anterior resection, is not related to his military service or any incident therein, including exposure to herbicides. As such, the claim for service connection is denied.

The Board denied the Veteran's claim for service connection for a vision disorder, finding no relationship between his current eye condition and any disease or injury in service, including his service-connected diabetes mellitus.

The Veteran does not currently suffer from chronic irritable colon, malaria, or amoebiasis and did not have these conditions during any time period on appeal.

The Board found that no new and material evidence had been presented to reopen the appellant's claim for service connection for a liver disorder, including hepatoptosis.

The Veteran does not have a currently diagnosed nervous condition and was not diagnosed with any psychoses within one year of discharge. Therefore, the Board finds that service connection for a nervous condition is denied.

The Board found no new and material evidence to reopen the claim for service connection for the Veteran's cause of death, which was denied in June 2003. The appellant's assertions were deemed insufficient to establish a link between her husband's cause of death and his military service.

The Board found no current evidence of a bilateral hip disorder and denied the Veteran's claim for service connection.

The Veteran's claim for an increased rating in excess of 20 percent for her service-connected residuals of lower back strain is being remanded due to the need for a more contemporaneous VA examination.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's chest pain is related to service.

The Board has denied the Veteran's claims for service connection for a right foot condition and a dental disability, finding that new and material evidence was not submitted to reopen these previously denied claims.

The Board has denied the request to reopen the forfeiture of eligibility for VA benefits, finding that no new and material evidence was presented.

The Board found that the overpayment of compensation benefits from March 1, 2005 through February 28, 2006 was created improperly due to VA administrative error. The Veteran's actions did not contribute to the creation of this portion of the debt.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that there was no valid common law marriage and thus she could not be considered the Veteran's surviving spouse.

The Board has determined that the Veteran's bruxism, a condition manifested during service and continuing after service, meets the criteria for service connection.

The Board has determined that additional development is necessary to properly address the appellant's claims for service connection for gastrointestinal disorder and esophageal polyps. The case will be remanded for further action.

The Veteran's right and left knee patellofemoral pain syndrome are each rated at 10 percent, while his cervical spine disorder is also rated at 10 percent. The claims for increased ratings for these conditions have been granted.