Other conditions decisions — 2006

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 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 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 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 case is being remanded for consideration of VAOPGCPREC 12-94 and 6-93, which may allow prospective estimation of the veteran's unreimbursed medical expenses for the year 2001.

The veteran's right hand disability is rated at 50 percent, and his right leg disability remains at 10 percent. The RO granted the requested increased ratings.

The Board denied the veteran's claims for service connection for dental trauma to teeth numbers 7, 8, and 9, hypertension, and Peyronie's disease. The veteran was not shown to have a current disability related to these conditions.

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 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 cardiovascular disability and left inguinal hernia were not incurred or aggravated by service, as there is no evidence of such conditions during service or within one year after separation. The claim for service connection was denied.

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 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 veteran's claim for educational assistance benefits under Chapter 30 of the U.S. Code is denied as his enrollment in an independent study course did not qualify due to the effective date being January 12, 2003.

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.