The Veteran's esophageal tear and stomach disorder are considered to be a result of the VA treatment on January 21, 2006. The failure to diagnose this condition resulted in an additional disability involving his lungs. However, there is equipoise regarding whether the failure to provide treatment on January 22, 2006, caused any further harm.
The deciding factor: The delay in diagnosis and treatment of the esophageal tear likely contributed to the Veteran's lung issues.
- Claimed conditions
- esophageal tear, stomach disorder, restrictive lung disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2016
- Citation
- 1647939
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1647939.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for specially adapted housing is remanded due to a lack of a VA examination, which was a pre-decisional duty to assist error. The Board must now schedule the Veteran for an examination to determine if his service-connected asthma with restrictive lung disease and chronic hypoxic respiratory failure qualifies him for specially adapted housing.
- Dismissed
The appeal for a total disability rating based on individual unemployability (TDIU) is dismissed as moot because the Veteran's service-connected disabilities resulted in a combined schedular evaluation of at least 70% prior to October 15, 2024, and he was able to maintain employment despite his conditions.
- Remanded (sent back)
The Board has determined that the Veteran's cause of death was not related to his service-connected disabilities and thus denied DIC benefits. The claim for service connection for the cause of the Veteran's death is remanded due to a lack of a medical opinion regarding the etiology.
- Granted
The Veteran's stomach disorder is denied as there is no evidence of a service connection. However, the Veteran's bilateral hearing loss is granted as it is related to his military service.
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