Other conditions Board decisions

The Board has determined that the veteran's residuals of a left femoral neck fracture do not warrant a rating in excess of 20 percent, as there is no evidence of marked hip or knee disability, malunion, nonunion, or loose motion. The current 20 percent rating adequately reflects her functional impairment.

The Board found that the veteran's right leg disorder, characterized by residuals of a shell fragment wound and compound fracture with shortening, does not warrant an increased rating beyond the current 30 percent assigned.

The RO denied accrued benefits due to the veteran's widow, stating that there was no basis for retroactive special monthly compensation under section 1114(s) after March 16, 1993. The decision also denied service connection for the cause of death and dependency and indemnity compensation.

The Board has granted a 20 percent evaluation for the veteran's fibromyositis of the low back, effective as of the date of this decision.

The Board found that the veteran's residuals of a GSW of the left thigh do not meet the criteria for an evaluation in excess of 10 percent.

The VA denied the appellant's claim for basic eligibility for VA benefits due to a lack of verified service in the United States Armed Forces.

The veteran's CML was not found to be related to exposure to radiation in service, and the claim is denied.

The appellant's income exceeded the maximum allowable for nonservice-connected death pension prior to June 1, 1999. The RO denied her claim due to excessive income.

The Board denied the claim of service connection for the residuals of a fractured right tibia and fibula, finding that new evidence did not provide a medical link showing aggravation during service.

The Board finds that the veteran's service-connected deep vein thrombosis of the right upper extremity does not warrant restoration of a 60% evaluation or an increased rating beyond the current 20%. The evidence shows improvement in symptoms since his September 1995 surgery.

The veteran's claim for an earlier effective date for SMC on account of loss of a creative organ was denied. The decision concluded that the September 1948 and December 1987 rating decisions were not clearly and unmistakably erroneous.

The veteran's claim for special monthly compensation based on the need for regular aid and attendance or by reason of being housebound is denied. The stroke that necessitates this benefit is not service-connected.

The Board denied the appellant's claims for an increased disability evaluation for varicose veins and special monthly compensation based on the need for regular aid and attendance or housebound benefits, finding that his varicose vein disability did not meet the criteria for a higher rating under either the old or new VA regulations. The Board also found that he was not in need of regular aid and attendance or permanently housebound by reason of service-connected disabilities.

The Board denied the veteran's claim of service connection for non-Hodgkin's lymphoma, finding that there was no evidence linking his current condition to his service-connected residuals of a left orchiectomy. The case was remanded due to concerns about radiation exposure in service.

The Board found that the veteran's injuries were not incurred in line of duty due to his own willful misconduct, specifically driving a motorcycle under the influence of alcohol.

The Board has remanded the case due to incomplete development of the medical records and need for further examination.

The Board has granted the veteran's claim for service connection for TMJ syndrome as secondary to his service-connected mandible fracture residuals. The case is remanded for further evaluation of the veteran's residuals of a mandible fracture, including consideration of TMJ syndrome.

The Board has granted service connection for recurrent bowel obstruction, right hemicolectomy with short-gut syndrome as secondary to the veteran's service-connected subtotal gastrectomy, bilateral vagotomy for duodenal ulcer disease and pancreatitis. The case is now remanded for further evaluation of the increased rating claim and total disability rating based on individual unemployability.

The Board has determined that the veteran's death was caused by his acute lymphocytic leukemia, which is presumed to be related to exposure to herbicide agents used in Vietnam. The claim for service connection is granted.

The veteran's service-connected left thigh gunshot wound residuals are currently rated at 20 percent, but the Board has determined that a higher rating of 30 percent is warranted based on moderately severe impairment.