Other conditions decisions — 2000

The veteran's appeal is denied as his left Achilles tendon disability does not meet the criteria for an evaluation in excess of 20 percent.

The Board denied service connection for blepharitis, a respiratory disorder, a deviated nasal septum, and varicose veins in May 1986. The veteran's motion to find clear and unmistakable error (CUE) was denied.

The Board found that there is no competent medical evidence of a nexus between the veteran's alleged neck disorder and his period of active duty service. The claim for service connection for a skin disorder was not well grounded as there was no current diagnosis or link to service.

The Board has remanded the case for further investigation regarding the veteran's marriage to his spouse and her status as a surviving spouse.

The veteran's appeal is denied as there is no basis to grant Chapter 30 educational assistance benefits for periods of enrollment prior to February 9, 1997.

The Board has determined that the veteran's claim for service connection for residuals of total nasal reconstruction is well-grounded and grants the claim.

The Board has granted service connection for vertigo due to an inner ear dysfunction, effective July 13, 1998. The attorney fee agreement is reasonable and the veteran will receive a 20% contingent fee from past-due benefits.

The Board denied the veteran's claim of service connection for bilateral cataracts, finding no competent evidence showing that the condition was incurred during his military service.

The veteran's additional low back disability diagnosed as epidural fibrosis is found to be the result of her August 1990 VA surgery, and she is granted compensation benefits under 38 U.S.C.A. § 1151.

The veteran's claim for an increased rating for his service-connected residuals of gunshot wound to the right side of chest with hemothorax and retained foreign body was denied. His claim for service connection for degenerative arthritis of the lumbar spine was also denied.

The Board has determined that the veteran's claims for increased evaluations for his right knee disorder and degenerative joint disease, as well as his claim for a compensable evaluation for residuals of fracture of the left thumb, have not been properly perfected. As such, these issues are not before the Board.

The Board found that the veteran's bilateral peripheral vascular disease is not due to or related to his service-connected gunshot wound injury, nor is it related to wearing combat boots and trouser blousing in service. The preponderance of evidence does not support these claims.

The VA denied the appellant's claim for improved death pension benefits due to her income exceeding the applicable limit, and she did not meet the income requirements for such benefits.

The Board found that the appellant's right knee condition, diagnosed as chondromalacia patella and traumatic arthritis, warranted a 10 percent evaluation based on slight functional impairment.

The Board denied an increased evaluation for the veteran's service-connected duodenal ulcer, currently rated at 20 percent.

The Board has determined that further development is needed to determine the current level of disability for the veteran's service-connected bilateral defective hearing. The RO should schedule the veteran for audiometric testing and re-adjudicate his claim using both old and new rating criteria.

The Board has scheduled a personal hearing for the veteran to determine if his request for waiver of recovery of an overpayment of VA Chapter 35 educational benefits was timely filed. The case will be returned to the RO after the hearing.

The Board denied the appellant's claim for apportionment of the veteran's VA pension benefits, finding that it would cause undue hardship to both the veteran and the appellant.

The Board denied the veteran's claims for a compensable rating for eosinophilia and service connection for eosinophilia-myalgia syndrome with gastric residuals and dry eye syndrome as secondary to service-connected eosinophilia. The lung condition claim was also denied, and no new and material evidence has been submitted to reopen this claim.

The Board denied the reopening of a claim for service connection due to lack of new and material evidence, concluding that the submitted evidence was cumulative.