Other conditions decisions — 2006

The Board found that glioblastoma multiforme, status post subtotal resection was not incurred in or aggravated by service and denied the claim.

The Board has granted service connection for residuals of cold weather trauma to both the right and left hands.

The Board denied the appellant's claim for waiver of recovery of an overpayment of DIC benefits, finding that her failure to report a divorce and receipt of additional income led to the creation of the debt. The decision also found no evidence of undue hardship or bad faith on her part.

The Board found that the veteran's sleep disorder did not manifest during service or for many years thereafter, and thus denied his claim for service connection.

The Board found no evidence of in-service exposure to ionizing radiation or herbicides, and thus denied service connection for cause of the veteran's death.

The Board denied the veteran's claim for an increased evaluation of his right eye enucleation, finding that a 40 percent rating adequately reflects the severity of his disability.

The Board found that the veteran's service-connected herpes, chin area does not warrant a higher disability rating as it is manifested by intermittent breakouts occurring every three to five weeks and lasting five to seven days. The breakouts are characterized by dry papules and papulovesicles with crusts on the veteran's chin.

The Board has determined that the veteran does not have a current respiratory disability and therefore cannot establish service connection for this condition.

The Board found that the veteran's fatal lung cancer was not proximately due to or the result of a condition incurred or aggravated during service, including inservice radiation exposure at Hiroshima or Nagasaki and inservice asbestos exposure. The claim is denied.

The Board granted a rating of 50 percent for the veteran's service-connected residuals of a gunshot wound to the right thigh and buttock, involving Muscle Groups XV and XVII.

The Board found that the evidence received since the February 2000 RO decision is not new and material, thus denying the claim to reopen for basic eligibility for VA death-related benefits.

The Board has determined that the veteran does not have a current disability of rubella or a bilateral leg condition, and therefore denied service connection for both conditions.

The veteran's appeal has been dismissed due to his death.

The Board has determined that new and material evidence sufficient to reopen the previously denied claim for service connection for PTSD has been received, but the evidence of record does not support a grant of the de novo issue of entitlement to service connection for PTSD.

The Board denied the claim for service connection for the cause of the veteran's death due to metastatic colon cancer, finding no evidence linking it to his active duty service or exposure to herbicides.

The veteran's claim for an increased rating for a thoracic spine disability was denied because he failed to report for a scheduled VA examination without providing good cause.

The veteran's claim for special monthly pension on account of being in need of the aid and attendance of another person was denied as he is not shown to be blind, bedridden, a patient in a nursing home, or unable to avoid the hazards of his daily environment.

The veteran is seeking service connection for avascular necrosis of the left hip, which he contends is secondary to his service-connected retinal vasculitis. The case has been remanded due to inadequate development and a need for further examination.

The Board has decided to remand the case due to insufficient notification of the Veterans Claims Assistance Act of 2000 (VCAA). The appellant will be provided a VCAA notification letter that complies with Dingess/Hartman v. Nicholson, and she is asked to provide any evidence in her possession that pertains to the claim.

The Board has determined that the veteran is entitled to an initial disability evaluation of 10 percent for nerve damage of the right foot, resolving his appeal in part.