Other conditions decisions — 2008

The Board finds that the appellant's claim for accrued benefits was not received within one year of her mother's death, and thus is denied.

The Board has determined that adenocarcinoma of the right lung is secondary to asbestos exposure in service and grants service connection for this condition.

The VA has determined that the veteran's service-connected varicose veins in both legs are asymptomatic and do not warrant a higher disability rating.

The veteran's VA compensation benefits were terminated due to his fugitive felon status, and the appeal is denied as there is no entitlement to the benefit sought.

The Board has granted an initial rating of 20 percent for the veteran's chronic pain syndrome due to intercostal nerve damage, left, effective from the date service connection was established.

The veteran's appeal for an initial compensable rating for gout of the bilateral feet is being dismissed due to his withdrawal of the appeal. The issue of entitlement to a total disability rating for compensation based on individual unemployability (TDIU) remains pending.

The Board has determined that the veteran does not have a disability related to hypertriglyceridemia, which is a laboratory finding and not a diagnosed condition. Therefore, service connection for this condition cannot be granted.

The veteran's L4-S1 decompression and fusion is rated at 40 percent, his right lower extremity radiculopathy at 20 percent, and his degenerative changes of the right knee at 10 percent. The highest possible benefit has been granted for these conditions.

The Board found that the submitted evidence was not new and material to reopen the veteran's claim for service connection for residuals of frost bite to the hands, as it did not provide a medical diagnosis or link between current symptoms and service.

The Board denied the veteran's claim of service connection for a nerve disorder, finding that it was not incurred in or aggravated by service and could not be presumed to have been incurred due to exposure to herbicides like Agent Orange.

The veteran's claim for an increased rating for his service-connected gastric resection with vagotomy and hiatal hernia is being remanded due to the need for additional development, including a VA examination.

The Board has determined that the veteran's gout does not meet the criteria for a compensable evaluation since December 21, 2005.

The Board has determined that the veteran does not have a current disability of the right 3rd metacarpal and therefore, service connection for this condition is denied.

The Board has reopened the claim for service connection for the cause of the veteran's death and has determined that a disability related to active service substantially or materially contributed to the veteran's death.

The Board has reopened the veteran's claim for service connection for a lung disorder, finding that new and material evidence has been submitted. The issue is now on remand to determine if the lung disorder is related to service or post-service exposure.

The veteran's claim for reimbursement of unauthorized medical expenses incurred at St. Francis North Hospital from February 9, 2006 to March 27, 2006 was denied due to the failure to submit a timely claim within 90 days following the treatment.

The Board has determined that the veteran's herniated nucleus pulposus L4-5, status post diskectomy, does not warrant a higher disability rating as it does not result in favorable or unfavorable ankylosis of the entire thoracolumbar spine. The hypertension claim was also denied.

The Board has remanded the case due to inadequate notice and development regarding the appellant's enrollment status for TATU benefits. The RO is instructed to provide proper notice, obtain information from the school about their measurement of coursework, and determine the appellant's enrollment status.

The Board found that a timely notice of disagreement was filed regarding the denial of service connection for the cause of death. The claim will be considered upon the merits, without regard to whether new and material evidence has been submitted.

The Board dismissed the appeal due to the appellant's withdrawal of her appeal.