Other conditions decisions — 2008

The Board has determined that the veteran submitted fraudulent statements in support of a claim for VA benefits, leading to forfeiture of his rights and benefits. However, this does not preclude eligible dependents from receiving VA death benefits.

The Board finds that the evidence is in equipoise regarding whether the veteran's diverticulitis developed during his service. Therefore, the Board finds that diverticulitis was incurred during service and grants service connection for the residuals of diverticulitis.

The Board has determined that the evidence received since the November 1987 decision does not relate to an unestablished fact necessary to substantiate the claims for laryngitis with loss of voice and post operative residuals of a laparotomy for a right ovarian cyst, thus denying the reopening of these claims.

The Board has ordered a remand due to the need for additional examination and opinion regarding the veteran's sleep apnea, its relationship to service, Gulf War exposure, and aggravation by his back disability. The claim will be readjudicated after these actions.

The Board has dismissed the appeal as there is no remaining balance and the veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred at North Collier Hospital from November 7, 2004 to November 23, 2004 is moot.

The veteran withdrew his appeal regarding the increased initial rating for service-connected peripheral vascular occlusive disease of the right leg, and thus the case is dismissed.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as the dental disability did not result from substandard care provided by VA. The service connection claim for dental trauma to teeth numbers 7, 8, 9, and 10 was also denied based on a direct finding of service connection without any indication of new evidence or CUE in prior decisions.

The Board has remanded the case for further development and adjudication on the merits, including consideration of newly received evidence. The claim will be reconsidered with a focus on whether service connection can be established for an abdominal disorder.

The Board denied the veteran's request to waive overpayment of $2,532.74 due to his own fault in creating the debt and found that recovery would not be against equity and good conscience.

The VA denied the veteran's claim for service connection for a urinary tract disorder, finding that there is no evidence of an underlying medical condition causing his symptoms and thus not warranting service connection.

The VA has granted a rating of 60 percent for the veteran's ulcerative colitis, effective August 26, 2003. The condition causes severe impairment and symptoms such as fatigue, abdominal pain, unpredictable bowel movements, and associated arthritis and mild osteopenia.

The Board finds that the veteran's death was not caused by or substantially contributed to by a service-connected disability. The appellant's claim of service connection for the cause of the veteran's death is denied.

The Board has remanded the case due to incomplete information regarding the veteran's and B.B.'s prior marriages, specifically the termination of their first marriage. The veteran needs to provide evidence that would support his claim for establishing a common-law marriage.

The Board has determined that additional development is necessary due to outstanding private medical records and the need for a VA orthopedic examination. The claim will be remanded to allow for this development.

The Board has remanded the case due to incomplete service medical records and a need for additional development, including obtaining VA examination results.

The veteran's pension benefits were terminated due to fugitive felon status from February 1, 2002, and December 16, 2004. The Board found that the evidence did not establish that he was a fugitive felon, thus terminating his pension payments was improper.

The VA denied the veteran's claim for an initial compensable rating for right hip trochanteric bursitis, finding that her disability does not meet the criteria for a compensable evaluation.

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for gastritis, as the provided evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Board found that the veteran's death was not caused by VA carelessness, negligence, or fault. The septic shock and pneumonia were determined to be unrelated to the May 2004 surgery.

The veteran is seeking service connection for loss of use of both feet due to his service-connected lumbar spine disability and special monthly compensation. The Board has determined that further examination and development are necessary before a decision can be made.