Other conditions decisions — 2005

The Board has determined that the veteran's claims for service connection for residuals of a right foot injury and a skin condition cannot be established as they are not shown to have been incurred or aggravated during his military service.

The Board found no evidence of a service-connected disability for chest pain and denied the veteran's claim for bilateral foot disorder.

The veteran's dysthymia has been rated at 50 percent since September 10, 2003. The RO granted a TDIU effective September 10, 2004. The initial evaluation for residuals of surgery for realignment of the left patella remains at 10 percent.

The VA denied the veteran's claims for increased ratings for postoperative compartment syndrome of the left lower extremity and gout, both rated at 10 percent since April 1, 2000. The evaluations are based on direct service connection.

The appellant is not eligible for an increased apportionment of the veteran's surviving spouse's DIC benefits on behalf of her son, who was a minor until September [redacted], 1990. The VA determined that granting such an increase would create further hardship on the child’s adoptive mother.

The Board of Veterans' Appeals has remanded the case for further development due to incomplete records, including treatment records from VA facilities and personnel records from the Army Reserves. The veteran's claim for an increased rating for his chronic duodenal ulcer is pending.

The Board found that the overpayment of improved pension benefits in the amount of $8,161 was properly created and not due to sole VA error. The veteran's failure to submit income information as requested resulted in the creation of the debt.

The Board has determined that the appellant's claims for accrued benefits and monetary benefits based on equitable relief are denied as there is no legal authority to grant such benefits.

The VA denied the veteran's claim for a higher initial evaluation for his skin rash, finding that it did not meet the criteria for an increased rating.

The VA has granted a 20 percent evaluation for the veteran's incisional hernia, effective from June 1998. The Board is readjudicating this claim to determine if an increased rating is warranted based on the current evidence.

The Board found that one-half of the overpayment should be waived due to fault on the part of the appellant and unjust enrichment, while the remaining half should not be recovered to avoid financial hardship.

The VA determined that the veteran's ulcerative colitis with cholestatic liver disease does not warrant a rating higher than 60 percent.

The veteran is seeking service connection for a left shin disability, but the RO has denied this claim. The case is being remanded to obtain additional medical records and conduct an orthopedic examination.

The Board found that the veteran's right nephrectomy was not related to his military service and denied his claim.

The Board found that the veteran's gastrointestinal condition had its onset during service and granted his claim of service connection.

The Board found that the appellant's character of discharge from service was a bar to VA benefits due to his under conditions other than honorable status, and there is no evidence suggesting he was incompetent at the time.

The Board has denied the veteran's claim for service connection for retinal lattice degeneration, finding that there is no evidence of a nexus between the injury in service and current lattice degeneration.

The Board found that the veteran's skin condition is not related to his time in service and denied his claim for service connection.

The Board denied reopening the claims for service connection due to lack of new and material evidence.

The VA denied the veteran's claim for an increased rating for his right hip disability, finding that current findings do not warrant a higher rating than the currently assigned 20 percent.