Other conditions decisions — 2000

The Board denied an increased rating for the veteran's service-connected prostatitis, currently rated at 20 percent.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or upon housebound status is denied as he does not meet the criteria for either benefit.

The appellant is not entitled to recognition as the surviving spouse of the veteran for purposes of VA death benefits due to her fault in causing the separation between herself and the veteran.

The Board has reopened the veteran's claim for service connection for pancreatitis due to new and material evidence presented, including a letter from Dr. Richardson dated in April 1998.

The Board denied the veteran's claim for service connection for HIV, finding that her claim was not well grounded. The veteran argued there was clear and unmistakable error in this decision.

The veteran's claim for an increased rating for his hypertensive cardiovascular disease with left ventricular hypertrophy was denied as the evidence did not meet the criteria for a higher than 30 percent rating during the period from April 20, 1994, through December 25, 1996.

The Board denied the veteran's claim for service connection for Crohn's disease, finding that there was no evidence of its onset during active duty and concluding that it is not related to service.

The Board denied the appellant's request for waiver of recovery of an overpayment of improved death pension benefits due to her significant fault in creating the overpayment by failing to report her wages, and because she did not fall into the category of a surviving spouse with very limited financial resources.

The Board denied the veteran's claims for service connection for the cause of his death and DIC under 38 U.S.C.A. § 1318, finding no evidence to support these claims.

The veteran's claim of service connection for a deviated septum is well grounded and the Board finds that his current condition is related to his period of service.

The Board has determined that the claim for service connection of the residuals of an injury to the right upper extremity is not well grounded, as there is no competent medical evidence showing a nexus between the current disability and the in-service injury.

The Board found that the claim was well-grounded and granted service connection for a left hand injury, attributing it to direct service connection based on evidence of an in-service injury.

The Board has determined that the February 17, 1947 rating decision denying service connection for a right leg disability based on aggravation was clearly and unmistakably erroneous. The Court has ruled in favor of the veteran, finding clear error in the application of law to the facts as they were known at that time.

The Board denied the veteran's claims for service connection for amputation of his right great toe and an increased evaluation for his fracture of the right great toe. The veteran was not granted a higher rating for his right great toe disability, as it did not meet the criteria for a higher evaluation under the applicable diagnostic codes. Service connection for amputation of the right great toe was also denied due to lack of evidence supporting such claim.

The case is being remanded to the RO for scheduling a hearing before the Board.

The veteran's claim is being remanded due to the need for additional review of submitted evidence.

The veteran's claim for an effective date prior to July 23, 1998 for a 20 percent disability rating for residuals of a fractured right clavicle with impingement syndrome is granted.

The veteran's claims for increased ratings for gastroenteritis and residuals of a head injury were denied because he failed to appear for VA examinations. The claim for service connection for depression is addressed in the REMAND portion.

The veteran's claim for service connection for squamous cell carcinoma of the sternocleidomastoid muscle, which he contends is related to his exposure to herbicide agents in Vietnam, was denied because there is no medical evidence linking the cancer to such exposure or any other cause.

The veteran's claims for service connection for a skin disorder, disability manifested by insomnia, and joint disability due to exposure to herbicides are denied as there is no medical evidence of such conditions.