Other conditions Board decisions

The Veteran's claim for a rating in excess of 20 percent for herniated disc L5-S1, to include on an extra-schedular basis pursuant to 38 C.F.R. � 3.321(b), is being remanded due to the need for additional development and adjudication.

The Veteran's dementia is not due to disease or injury incurred in or aggravated by his military service, as it is attributed to his alcohol dependency.

The Veteran's chronic prostatitis with elevated PSA was not shown to be related to service or herbicide exposure, and the claim for service connection is denied.

The Veteran's service-connected scalp laceration residuals are rated at the minimum of 10 percent, reflecting one visible or palpable tissue loss and two characteristics of disfigurement.

The Veteran claims he developed left foot drop following a hip replacement surgery at the Baltimore VA Medical Center. The Board finds that additional evidence is needed to determine if this condition was caused by negligence or lack of proper skill during post-operative care.

The Board found that the Veteran's overpayment of nonservice-connected pension benefits was validly created due to his failure to report his August 2000 marriage and his wife's income, despite knowing he should have done so. As a result, the waiver application for recovery of this overpayment was denied.

The Board denied the Veteran's claim for an earlier effective date for additional dependency allowance, finding that the criteria were not met and denying the claim.

The appellant's claim for an earlier effective date for DIC benefits under 38 U.S.C.A. § 1151 is denied as there were no prior claims filed before August 31, 2005.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her income exceeding the maximum allowable rate.

The Veteran's spouse is not entitled to a higher rate of DIC benefits as she and the Veteran were not married for at least eight years, and there are no other factors that would allow for an increase in her benefits.

The Veteran's currently-diagnosed squamous cell carcinoma of the tonsil was not incurred in or aggravated by service, and may not be presumed to have been incurred in service or due to herbicide exposure. The Board denied service connection for this condition.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a right elbow disability.

The appellant is not recognized as the surviving spouse of the Veteran for VA death pension benefits due to her remarriage after September 19, 1962.

The Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is being remanded due to the need for a Travel Board hearing.

The appellant's claim for a nonservice-connected plot or interment allowance was denied as the new claim was submitted over 27 years after the Veteran's burial, and the allowance had already been paid to the funeral home in August 1981.

The Board denied the Veteran's claims for service connection for bilateral lower extremity weakness, a chronic gastrointestinal disorder, and organic bowel syndrome. The claim to reopen for hypothyroidism as a residual of treatment for hyperthyroidism was also denied.

The Board found that the submitted evidence was not new and material, thus denying the reopening of the Veteran's claim for service connection for prostatitis.

The Veteran's right and left Achilles tendonitis and tenosynovitis were found to have onset during active service. The appeal for numbness of the lower extremities was withdrawn.

The Board denied the Veteran's claims for increased evaluations for his service-connected right foot callous and post-operative osteotomy with bursa and sesamoid excision of the fifth metatarsal, finding that the maximum schedular ratings were already assigned.

The Board's February 1981 decision denying a higher rating for gastroduodenal irritability was found to be clearly and unmistakably erroneous, and the Veteran is now entitled to a 30 percent rating.