Other conditions decisions — 2000

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 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 appeal is for an increased rating for his service-connected residuals of a shell fragment wound to the right neck and upper thoracic spine with retained foreign bodies and limitation of motion of the right arm. The RO must arrange for VA orthopedic and neurological examinations, review the claims file, and readjudicate the claim considering both 'old' and 'new' rating criteria for muscle injuries.

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 veteran's total disability rating was not in effect for 10 or more years immediately preceding his death, thus the requirements for DIC under 38 U.S.C.A. § 1318 are not met.

The Board denied the appellant's claim for VA death pension benefits because her deceased husband did not have the requisite military service to establish eligibility.

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 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 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 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.

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 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 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.