Other conditions decisions — 2000

The Board denied the appellant's claim as the surviving spouse of the deceased veteran, finding that she was at fault in their separation and there was no reconciliation prior to his death.

The Board denied the veteran's claims for increased ratings for chondromalacia patella of both knees, finding that the evidence did not meet the criteria for a higher rating under Diagnostic Codes 5260 or 5261. The RO will now review the issue of service connection for a bilateral hip condition in accordance with the newly enacted legislation.

The VA determined that the veteran's right hip disorder does not warrant a rating higher than 10 percent, as it did not meet the criteria for more severe disability.

The veteran's claim for a total disability rating based on unemployability due to service-connected disabilities is being remanded for additional development, including evaluations of his multiple shell fragment wounds and penetrating shell fragment wound.

The Board denied the appellant's claim for nonservice-connected VA death pension benefits as her husband did not have recognized service in the U.S. Armed Forces.

The veteran died from esophageal cancer while not hospitalized in a VA facility. The appellant is denied eligibility for VA burial benefits as the veteran was not properly hospitalized at the time of his death.

The Board denied the veteran's claims for payment or reimbursement of unauthorized private medical expenses and travel costs incurred on December 9, 1997. The decision found that the veteran did not have a service-connected disability and thus was not eligible for reimbursement under VA regulations.

The veteran is seeking non-service-connected pension benefits, but the RO has not evaluated his left foot disorder for this purpose. The case is remanded to obtain necessary records and assign appropriate ratings.

The Board has determined that the veteran's left eye disorder, characterized as macular edema and inferior retinal vein occlusion, resulted from VA surgery in January 1997. The decision grants disability compensation benefits for this condition under the provisions of 38 U.S.C.A. § 1151.

The Board has determined that the veteran's residuals of non-Hodgkin's lymphoma do not warrant an evaluation in excess of 30 percent.

The Board found that the evidence submitted since the December 1987 rating decision did not provide new and material evidence to reopen the claim of service connection for a foot disorder.

The veteran's appeal for an increased rating for chronic pyelitis, secondary to hydronephrosis, was dismissed due to the death of the veteran during the pendency of the appeal.

The veteran's claim for a compensable rating for residuals of a left chest lipoma was denied because he failed to report for a VA examination without showing good cause.

The Board has determined that the veteran's defective hearing is at least as likely as not related to noise exposure during service, and grants service connection for this condition.

The veteran's claim for a separate rating for shortening of the right lower extremity due to his service-connected muscle injury to Group XI, with fracture of the tibia and fibula, is denied.

The veteran's spouse is denied accrued benefits because the veteran was fully compensated for his service-connected eye disorder during the two years prior to his death.

The Board denied the appellant's claim of eligibility for VA benefits, finding that no new and material evidence had been submitted to reopen his previously denied claim.

The veteran's claim for an increased evaluation for his service-connected shell fragment wound to the anterior right chest wall, Muscle Group II, is being remanded due to inadequate development and consideration of functional loss. The case will be readjudicated after further examination and review.

The Board denied the veteran's claims of entitlement to a compensable evaluation for the residuals of a nasal fracture and entitlement to service connection for chronic headaches. The case was remanded due to procedural issues, but the core issues remain unresolved.

The Board found that the overpayment of improved pension benefits was not due solely to administrative error on the part of VA, and thus denied the veteran's appeal.