Other conditions decisions — 2000

The Board has corrected a previous decision, finding that the original grant of service connection for aphakia with retinal detachment due to aggravation was not clearly and unmistakably erroneous.

The veteran's mitral valve prolapse is currently rated at a 10% evaluation, effective July 28, 1995.

The Board has remanded the case for further development and adjudication, including a comprehensive accounting of the amount of overpayment and review of whether the creation of the overpayment was proper. The issue of waiver of recovery will also be addressed.

The veteran's patellofemoral pain syndrome of both knees is currently manifested by essentially normal physical examination results, with full range of motion bilaterally but with credible complaints of pain and swelling. The schedular criteria for a rating in excess of 10 percent have not been met.

The Board finds that the claim for service connection for the cause of the veteran's death is not well-grounded and thus denied. The appellant is also ineligible for benefits under Chapter 35, Title 38, United States Code.

The veteran died in the emergency room of a non-VA hospital and was not hospitalized by VA at the time of death, so he is not eligible for nonservice-connected burial benefits.

The Board denied the appellant's claims for service connection for cellulitis of the left arm and cysts under arms, abdomen, and left testicle as they are not well-grounded.

The Board denied the veteran's request for an increased apportionment of his VA compensation benefits, ruling that actual hardship supporting additional monies is not demonstrated by the record.

The Board has decided to remand the case due to incomplete financial information and a potential error in representation. The appellant needs to provide updated financial details, clarify her desire for representation, and complete a Financial Status Report (VA Form 4-5655).

The Board has granted service connection for osteomyelitis for accrued benefits purposes and denied the claim for service connection for cause of death due to lack of a well-grounded claim.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Columbia Fawcett Memorial Hospital on February 24, 1997 is denied as she has not met the three elements necessary for such reimbursement.

The Board found no evidence of nicotine dependence during service and denied the claim as not well-grounded.

The Board denied reopening of claims for service connection for bilateral ear and lung disabilities due to lack of new and material evidence.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error due to failure to comply with requirements set forth in the regulations.

The Board has granted increased disability ratings for chondromalacia of the right and left knees, with separate ratings for instability manifestations. The claim for service connection for a bilateral ankle disability is not well grounded.

The Board found no clear and unmistakable error in the April 1972 rating decision that granted a 10 percent evaluation for residuals of burns to the hands and face. The veteran's claim regarding compensable ratings for donor site scars on his thighs was denied.

The Board has determined that the veteran's current bullous emphysema involving the upper lobes of his lungs had its onset during active service and is therefore granted service connection. The skin disorder claim is denied as there is no evidence linking it to radiation exposure.

The veteran's service connection claim for dry eyes is granted. The claim for abdominal disorder is denied as it is not well-grounded.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 for disability of the left leg resulting from hospitalization and treatment in February 1993 was denied as there is no medical evidence showing a causal relationship between his current disabilities and the cardiac catheterizations performed.

The Board found no competent medical evidence linking the veteran's prostatitis to his active service, including exposure to Agent Orange. The claim is denied.