Other conditions Board decisions

The veteran's service-connected mid-line fracture of the left ulna and radius, with closed reduction and intramedullary nail transfixing, is rated at 20 percent. The associated scarring is rated at 10 percent.

The veteran's claim for service connection for a right foot ulcer is being remanded due to inadequate notification of the Veterans Claims Assistance Act of 2000 (VCAA) and incomplete medical records.

The Board denied the veteran's claim for nonservice-connected pension benefits as he did not meet the basic eligibility requirements due to lack of wartime service.

The Board has determined that the veteran's service-connected GSW residuals contributed to his myocardial infarction and carcinoma of the lung, which were significant factors in causing his death. As a result, service connection for the cause of the veteran's death is granted.

The Board denied the veteran's claim of service connection for a malignant left testicular mass, finding that it was not incurred in or related to his military service.

The Board has granted a 60 percent rating for the veteran's residuals of laceration of the right arm with ulnar nerve impairment, finding that the disability picture more nearly approximates the criteria required for a 60 percent evaluation.

The Board has remanded the case due to the inextricably intertwined issues of whether there was clear and unmistakable error in a November 17, 1999 rating decision for multiple myeloma on an accrued benefits basis, and whether to reopen the issue of entitlement to an earlier effective date.

The RO denied the appellant's claim for DIC under 38 U.S.C.A. § 1318, finding that the veteran did not meet the statutory duration requirements for a total disability rating at the time of his death and that there was no CUE in the June 1977 rating decision reducing the evaluation for residuals of a pituitary tumor.

The veteran's death was caused by sepsis secondary to cellulitis of the right leg, community-acquired pneumonia, and cardiovascular disease. These conditions are not shown to be related to service.

The veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at the St. Petersburg, Florida RO.

The veteran's claim for an earlier effective date for service connection and increased evaluation for mycobacterium kansasii was granted.,From September 10, 1999 to October 24, 2002, the veteran received a 30 percent evaluation. After that date, his condition warranted a 100 percent evaluation.

The veteran's appeal is being remanded for additional development, including a VA examination and scheduling of a Travel Board hearing.

The Board found that the veteran's spine disability did not arise from an in-service injury and thus denied his claim for service connection.

The VA determined that the veteran's residuals of a shell fragment wound to the left popliteal area with retained foreign body do not meet the criteria for a higher rating, as they are manifested by no more than moderate muscle damage affecting Muscle Group XIII.

The Board denied the veteran's claim for service connection for bone deterioration, muscle wasting and nerve damage as a result of exposure to ionizing radiation. The VA found that there was no evidence linking these conditions to his in-service exposure.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development of his medical records and vocational assessment.

The Board denied the veteran's claims for increased ratings for left eye ptosis and fifth cranial nerve neuritis, finding that compensation benefits are prohibited due to the veteran being a fugitive felon.

The veteran seeks service connection for a left lung disorder, including as due to exposure to herbicide agents. The Board has remanded the case for additional development.

The veteran seeks an increased evaluation for his service-connected left Achilles' tendon disability, which is rated under Diagnostic Code 5271. The RO must ensure that all notification and development required by the Veterans Claims Assistance Act of 2000 are completed, including obtaining any pertinent medical records and ensuring compliance with the requirements of DeLuca v. Brown (1995).

The Board has remanded the case for additional development regarding whether an overpayment of VA educational benefits was properly created.