BVA Case 12-0393: Back

In December 1981,the Board denied the appellant entitlement to disability benefits for a left knee disability.

In its decision here on appeal,the Board determined,and the appellant does not dispute,that this decision is final.

In June 1998,the Board denied the appellant's request to reopen a claim for entitlement to disability benefits for a lumbar and dorsal spine disorder and denied the appellant's claim for entitlement to disability benefits for benign prostatic hypertrophy with a transurethral resection of the prostate and adenocarcinoma.

In September 2004,the Board denied the appellant entitlement to disability benefits for benign prostatic hypertrophy,status post transurethral resection with adenocarcinoma, a disorder it now termed prostate cancer.

In its decision here on appeal,the Board found,and the appellant does not dispute,that the appellant did not appeal the Board's decision and it therefore became final.

1 In its February 2009 decision,the RO decided the appellant's prostate cancer claim on the merits,and thus it apparently found that the appellant had submitted new and material evidence sufficient to reopen his claim.

1996)( [T]he Board does not have jurisdiction to consider a claim which it previously adjudicated unless new and material evidence is presented,and before the Board may reopen such a claim,it must so find.

4 In its October 14,2011,decision here on appeal,the Board determined that the record does not contain new and material evidence sufficient to reopen the appellant's claims for entitlement to disability benefits for prostate cancer and for a left knee disability.