Other conditions Board decisions

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.

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.