Other conditions Board decisions

The Board has determined that a compensable evaluation (10%) for tendonitis of the right index finger is warranted, based on moderate impairment. The veteran's notice of disagreement was not timely filed.

The Board found that the veteran's squamous cell carcinoma of the right tonsil was not incurred or aggravated during service and could not be presumed due to herbicide exposure. The evidence did not link the cancer to his Vietnam service, and a significant lapse in time between exposure and development of the disorder significantly weighed against the claim.

The Board has determined that the veteran's postgastrectomy syndrome with chronic anemia does not more nearly approximate the criteria for a higher disability rating, and thus he is not entitled to an increased evaluation.

The Board has granted a disability rating of 70 percent for the veteran's undifferentiated somatoform disorder, which is the maximum available under the applicable rating criteria.

The Board has remanded the case for further development, including verification of the veteran's service with the USAR and readjudication of the pension benefits claim. The issues of PTSD and bilateral carpal tunnel syndrome are also pending.

The veteran's claim for payment or reimbursement of medical expenses incurred at OU Medical Center from June 27, 2003 to June 30, 2003 is denied as he did not satisfy all the criteria under the Veterans Millennium Health Care and Benefits Act. However, if the services were rendered in a medical emergency of such nature that delay would have been hazardous to life or health, and no VA facility was feasibly available, reimbursement may be made pursuant to 38 U.S.C.A. § 1728.

The veteran's claim for enrollment in the VA healthcare system has been denied due to insufficient information regarding his income status and eligibility under Priority Groups 5 and 7. The case is being remanded for further development, including obtaining updated financial statements and determining if he qualifies for low-income status or other relevant criteria.

The Board denied the appellant's claim for an apportionment of the veteran's compensation benefits due to lack of legal entitlement under the law.

The Board has granted an initial evaluation of 30 percent for the service-connected left upper extremity disability, which is more nearly approximates moderate incomplete paralysis.

The Board found that the veteran's low back disability, post-laminectomy and fusion at L5-S1, does not warrant a rating higher than 10 percent.

The Board denied the veteran's claims for service connection for soft tissue tumors and a cancerous colon polyp, both claimed as due to Agent Orange exposure. The evidence did not support a link between these conditions and the veteran's military service or his in-service exposure to herbicides.

The Board has determined that the veteran's service-connected arthritis of both hands warrants a 10 percent rating, which is higher than the current noncompensable rating. The preponderance of evidence does not support an increase in the rating beyond this level.

The Board has determined that the veteran's skin condition did not have its onset during or is related to his military service, and thus denied his claim for service connection.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for lung disease, but denied it on the merits.

The VA determined that the veteran's service-connected myopericarditis does not warrant a rating higher than 10 percent, as his symptoms do not meet the criteria for a higher evaluation based on METs or cardiac function.

The Board has determined that there is no competent medical evidence showing the veteran has a chronic respiratory disorder that is related to service.

The VA determined that the veteran's current respiratory and sinus disorders are not related to his military service, including any exposure to asbestos.

The Board has determined that a 20 percent rating is warranted for the veteran's fragment wound with fracture of the left fibula, based on moderate disability.

The Board denied the veteran's claim for an earlier effective date for service connection of jaw injury, finding that no CUE was present in the April and July 1968 decisions or that an earlier effective date should have been assigned by the September 2003 rating decision.

The VA denied a higher rating for the veteran's left inguinal hernia, which is currently rated at 10 percent.