Other conditions Board decisions

The veteran's claims for service connection for residuals of a left elbow injury and for a compensable evaluation for old fracture, sacrum are both granted.

The Board has determined that the veteran's service-connected postoperative herniated pulposus and fusion at L5-S1 with left leg numbness warrants a 40 percent disability rating, which is higher than the current 20 percent rating.

The VA denied an increased rating for the post-operative residuals of a bunionectomy of the right great toe, currently rated at 10 percent.

The Board denied the veteran's claims for an increased disability rating and earlier effective date for his service-connected status post septectomy, as well as his claim of service connection for a lung disorder, heart disease, and/or paresthesia of the lower extremities. The veteran was awarded service connection for the status post septectomy with a 10% evaluation effective October 16, 1996.

The veteran's service-connected laminectomy of L5-S1 with spinal fusion is currently rated at 20 percent, and the Board finds that this rating is appropriate given the mild to moderate severity of his disability.

The Board has determined that the veteran's claim for service connection for chronic lymphocytic leukemia as a result of exposure to ionizing radiation is not well-grounded. The evidence does not support a finding that his condition was caused by military service or related to any inservice exposure.

The Board found that there is no medical evidence linking the veteran's service-connected stasis ulcer to his later development of metastatic colon cancer, which caused his death. Therefore, the claim for service connection for the cause of the veteran's death was denied.

The Board has determined that the veteran's claim for service connection for diarrhea and abdominal pain as due to an undiagnosed illness is not well grounded, thus denying the claim.

The Board found that the reduction in the payment of the veteran's VA disability compensation by reason of his incarceration for conviction of a felony was proper.

The Board of Veterans' Appeals (BVA) has determined that the appellant cannot be recognized as the veteran's surviving spouse for VA benefit purposes due to a legal impediment.

The veteran's service-connected residuals of a fracture of the sixth thoracic vertebra with severe kyphosis are currently rated at 30 percent, which is the highest available rating under applicable criteria. The Board finds no basis for assigning a higher rating.

The veteran is seeking a higher rating for his service-connected bilateral hip disorder, which the RO has already granted at 20 percent. The Board finds that additional development is necessary to determine the current severity of the condition and whether separate ratings are warranted.

The Board denied increased ratings for the veteran's service-connected intestinal obstruction residuals and left rib disorder, finding that the current evaluations adequately reflect the severity of his disabilities.

The Board found that the appellant's preexisting cicatrix of the right axilla existed before service and was noted during his enlistment physical examination. The Board also determined there is no competent medical evidence showing the condition was aggravated by service, thus denying the claim.

The veteran's claim for an automobile allowance is denied as there is no evidence of loss or permanent loss of use of one or both feet, or permanent impairment of vision of both eyes.

The veteran's cause of death was cancer of the lung with metastasis, which developed 1 year prior to his death. The appellant has not presented a well-grounded claim for service connection for the cause of the veteran's death and lacks legal entitlement under the law for Dependent's Educational Assistance.

The Board has found that there is medical evidence relating current lung disability to inservice inhalation of exfoliant during active duty in Vietnam, which could be related to Agent Orange exposure. The claim for service connection is well-grounded and further development is needed.

The Board has ordered a remand due to the need for additional medical evidence and clarification of the service connection theory.

The appeal is dismissed due to the death of the appellant.

The Board has granted service connection for PTSD and bilateral hearing loss, but denied the veteran's claims of service connection for residuals of wounds to his left leg, arm, and side of body. The case is being remanded for further development.