Other conditions decisions — 2006

The Board has remanded the case due to issues related to the creation of an overpayment of death pension benefits. The appellant is seeking a hearing before a Veterans Law Judge at the RO.

The Board found no evidence of a right foot disorder being incurred or aggravated during service, and denied the veteran's claim for service connection.

The Board has remanded the case due to insufficient evidence and a need for further review, including obtaining medical records and opinions.

The veteran's bilateral knee conditions, specifically chondromalacia patella with meniscus defect, were rated at the maximum allowable under current rating criteria and no higher ratings are warranted.

The Board has determined that the veteran's service-connected urinary incontinence necessitates the need for regular aid and attendance of another person, thus granting special monthly compensation based on this condition.

The Board has determined that the veteran's death was caused by adenocarcinoma of the right lung, which is considered a disease incurred in service. The claim for DIC under 38 U.S.C.A. § 1318 is dismissed as moot due to the favorable decision on the cause of death.

The Board has determined that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's residuals of a fracture D6-7 have been rated at 20 percent since July 1979. The current rating remains unchanged as the evidence does not meet the criteria for a higher evaluation.

The veteran's appeal is being remanded due to the need for additional evidence and a VA examination. The issues include seeking an increased evaluation for PTSD and TDIU.

The Board found that the veteran's meningioma of the brain was not incurred in or aggravated by service, nor may it be presumed to be the result of exposure to ionizing radiation in service. The claim for service connection is denied.

The veteran's claims for service connection for abnormal cholesterol, grinding of the teeth, impotence, and insomnia are being remanded due to inadequate VCAA notice.

The Board found that the appellant's character of discharge from service constituted a bar to all VA benefits (other than health care and related benefits). The RO previously determined this in 1975, but the appellant did not appeal. The current decision reaffirms this determination.

The Board found that the veteran's cerebrovascular accident was not caused by VA medical care, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board denied an extraschedular rating in excess of 40 percent for the veteran's service-connected thoracic spine disability, finding that the evidence did not show marked interference with employment or frequent periods of hospitalization.

The Board denied reopening the claim for service connection for the cause of death due to lack of new and material evidence, as all submitted evidence was cumulative or redundant.

The veteran's initial ratings for residuals of bilateral matrixectomy and excision of a ganglion cyst were denied. However, she was granted a compensable rating (0%) for multiple noncompensable service-connected disabilities.

The veteran's left thigh meralgia associated with the external cutaneous nerve is currently not present, and thus no compensable rating can be granted.

The Board has determined that the veteran's bilateral nuclear sclerosing cataracts and posterior subcapsular cataracts are not related to service or an incident of service origin, including in-service exposure to ionizing radiation.

The Board dismissed the appeal due to the veteran's death, and thus there is no effective date prior to January 7, 1997 for an award of TDIU.

The Board found that the service-connected myositis ossificans of the right quadriceps did not warrant a rating higher than 10 percent, as it was only shown to be productive of moderate muscle impairment. The bilateral compound fracture of mandible with decreased inter-incisal motion was also denied an increased evaluation.