Other conditions decisions — 2006

The VA has denied the veteran's claim for an increased evaluation for dysthymic disorder, finding that the symptoms do not meet the criteria for a higher rating.

The Board has denied the veteran's claim for service connection for a lung disorder, secondary to tobacco use as a result of nicotine dependence acquired in service. The evidence does not support the existence of such a condition.

The Board denied an increased rating for the veteran's residuals of a fracture of the left distal fibula, finding that the disability is manifested by slight limitation of motion and no more than degenerative joint disease. The preponderance of evidence did not support a higher rating.

The Board has granted an initial evaluation of 10 percent for the veteran's iliopsoas syndrome of the left hip, effective August 19, 2000.

The veteran's torn medial meniscus and chondromalacia patella, right knee, have been rated at 10 percent since April 25, 1998. His degenerative joint disease, right knee, has also been rated at 10 percent.

The Board has denied the veteran's claims for service connection for a liver disorder secondary to PTSD medication and restoration of his 100% disability evaluation for prostate cancer, finding that there is no evidence supporting these claims.

The Board has determined that the veteran's post-operative residuals of left epididymo-orchitis do not meet the criteria for a compensable rating based on the evidence provided.

The Board denied the appellant's claim for an extension of her delimiting date for receipt of educational benefits under Chapter 35, Title 38, United States Code due to lack of medical evidence showing that she was prevented from initiating or completing the chosen program of education because of a physical or mental disability.

The Board has determined that the veteran does not meet the criteria for service connection for breathing difficulty, joint pain, left-sided rib pain, or fatigue due to undiagnosed illness.

The Board found that the veteran's current gastrointestinal disorder was not incurred in or aggravated by his military service and denied his claim.

The Board has determined that the veteran's service-connected submandibular lymphangitis warrants a combined evaluation of 20 percent, with a separate 10 percent rating for each affected side.

The Board found that the overpayment of $2,056.38 was properly created and denied the waiver request due to untimeliness.

The Board has granted service connection for paroxysmal supraventricular tachycardia with palpitations and assigned an effective date of May 20, 1997.

The Board denied the veteran's claim for an earlier effective date for a 10% disability rating for his service-connected residuals of partial removal of the coccyx, finding that it is not factually ascertainable from the evidence of record that an increase in disability had occurred within the year preceding the November 29, 2000 claim.

The VA denied a claim for an increased disability rating for the veteran's service-connected degenerative joint disease of the left hip, finding that the evidence did not warrant a higher evaluation during the period from October 1, 2001 to August 9, 2002.

The Board has remanded the case for further development and consideration, including providing proper VCAA notice.

The veteran seeks compensation under 38 U.S.C. § 1151 for additional disability due to VA's alleged failure to diagnose and treat a carcinoid tumor of the small bowel in a timely manner.

The Board found no evidence of a nexus between the veteran's non-Hodgkin's lymphoma and service or any exposure to electromagnetic radiation, leading to a denial of the claim.

The Board found that the appellant did not submit new and material evidence to reopen his claim for revocation of forfeiture of VA benefits, as he provided statements attempting to recant previous admissions but these were deemed inherently false.

The Board denied the veteran's claim for service connection for an eye disability, finding that his pre-existing refractive error of the right eye did not warrant service connection as it was not incurred or aggravated during active duty.