Other conditions decisions — 2006

The veteran's appeal has been withdrawn, effectively dismissing the case.

The veteran's request for waiver of an overpayment of $32,513.01 was not timely filed and therefore the claim is denied.

The Board found no evidence of a dysthymic disorder or peptic ulcer disease in service, and denied the veteran's claims for these conditions.

The veteran's appeal was denied because he acknowledged that the property had not been inspected by VA or HUD during construction, and thus did not qualify for government assistance in correcting structural deficiencies.

The Board has ordered further development of the claim, including obtaining SSA records and rating all nonservice-connected conditions. The case will be returned to the RO for these actions.

The case is being remanded for the veteran to be provided a videoconference hearing before a Veterans Law Judge.

The Board denied the veteran's claims for increased evaluations for his service-connected postoperative benign prostatic hypertrophy with urethral stricture, traveculated bladder, and uretheroplasty. The RO had previously granted a higher evaluation in February 2006.

The Board has denied the veteran's claim for an increased rating for his service-connected residuals of a right femur fracture with shortening of the leg, finding that the current 20 percent rating adequately reflects the severity of his disability.

The veteran's claims for increased ratings for fifth and seventh cranial nerve injuries, as well as a scar of the right side of the face and limited motion of temporomandibular articulation, are denied. The veteran is currently rated at 10 percent for each issue.

The Board's decision denying service connection for residuals of a herniated disc and neuritis is reversed due to clear and unmistakable error.

The Board finds that the veteran's peripheral vascular disease of the lower extremities and generalized atherosclerotic disease are secondary to his nicotine dependence acquired in service.

The Board has determined that the veteran's claim to reopen his service connection for spastic duodenitis was not supported by new and material evidence, resulting in a denial of the request.

The Board is remanding the case for additional development, including obtaining VA and service department treatment records, to determine if the veteran's pulmonary fibrosis was related to his exposure to herbicide agents during service in Vietnam.

The Board has granted a 60 percent evaluation for the veteran's colon condition, effective from the date of service connection.

The Board has determined that the veteran's current back disorder did not begin during service and is not related to any incident of service, thus denying his claim for service connection.

The Board found no residuals of an injury to the sternocleidomastoid muscle and denied service connection for this condition.

The Board has determined that the veteran is entitled to an effective date of May 8, 1997 for SMC under 38 U.S.C.A. § 1114(r)(1) and 38 C.F.R. § 3.350(h), based on his entitlement to aid and attendance due to his service-connected disabilities.

The Board denied the veteran's claims for increased ratings and earlier effective dates for his service-connected prostate condition and hiatal hernia, finding that the evidence did not support a grant of these benefits prior to the specified dates.

The Board has remanded the case to the RO for additional development, including obtaining an addendum to a VA examination report and securing medical records from the Baltimore VAMC.

The Board has remanded the case for additional development, including notification of the Veteran's Claims Assistance Act of 2000 (VCAA).