Other conditions Board decisions

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.

The veteran's unauthorized medical expenses incurred in March 1998 for pneumonia treatment at a private hospital were denied as the care was not related to his service-connected disability and VA facilities were not feasibly available.

The Board denied a rating in excess of 10 percent for the veteran's service-connected right middle and ring finger disability, finding that the evidence did not support such an increase.

The Board is remanding the case to allow for due process and further development of the overpayment issue.

The Board found that the veteran's dilated cardiomyopathy is not due to service or Agent Orange exposure, and denied his claim.

The veteran's claim for an increased rating for panic disorder with agoraphobia and dysthymic disorder is being remanded to the RO for scheduling a hearing in New York City or another location as requested by the appellant.

The Board has granted the appellant's request to reopen his claim for service connection of a nervous disorder, based on new and material evidence submitted.