Other conditions decisions — 2008

The veteran's request for waiver of overpayment was not timely filed, and as a result, the claim is denied.

The Board denied the veteran's request for an earlier effective date for his NSC pension benefits, stating that due to his incarceration after a felony conviction, there is no provision for an earlier effective date.

The Board has remanded the case for further development, including a new VA examination and correction of VCAA notice.

The veteran's prostate condition, diagnosed as benign prostatic hypertrophy with a history of chronic prostatitis, was not incurred in or aggravated by his active service and is not proximately due to or the result of exposure to herbicide agents.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Memorial Hospital Jacksonville on August 22, 2005 and August 23, 2005 due to lack of authorization and no evidence of a medical emergency.

The claim for service connection for cause of death was previously denied due to the veteran's death being attributed to natural causes. The appellant has not submitted new and material evidence to reopen this claim.

The case is being remanded due to the submission of additional evidence and a request for review by the RO.

The veteran's appeal is being remanded due to incomplete development and the need for additional VCAA notice. The issues of increased disability rating, service connection of diabetes mellitus, and TDIU are addressed.

The Board denied a rating in excess of 40 percent for psoriatic arthritis, finding that the disability did not meet criteria for higher ratings due to lack of severe impairment of health or severely incapacitating exacerbations.

The Board found that the overpayment in the amount of $72,088.00 had been validly created against the appellant and denied her request for a waiver due to lack of fault on her part. The decision also noted that neither VA nor the appellant would be unjustly enriched if a partial waiver were granted.

The VA denied the veteran's claim for an increased evaluation of his spondylolisthesis of L5-S1 with degenerative changes, as it did not meet the criteria for a higher rating.

The July 1953 rating decision granted service connection and assigned a 40 percent disability rating for the veteran's gunshot wound to the left thigh, Muscle Group XIII. However, the Board found that this decision was clearly and unmistakably erroneous due to incorrect application of diagnostic criteria.

The veteran was not entitled to continuation of vocational rehabilitation benefits under the terms of his September 2006 Rehabilitation Plan, as all goals and objectives set forth in that plan were met by March 1, 2007.

The Board denied the appellant's request for a waiver of recovery of an overpayment of dependency and indemnity compensation (DIC) benefits in the amount of $149,716.33 due to her failure to report her remarriage, which resulted in the creation of the overpayment.

The Board found that the appellant's discharge from his sole enlistment was issued under dishonorable conditions and bars him from receiving VA benefits, except health care, based upon the period of service for which it was issued.

The Board has granted an increase of $60.00 per month in the amount of the apportionment, increasing it to a total of $110.00 for the period from September 21, 2001, until April 3, 2003.

The Board has determined that the veteran was not reasonably supporting his children who were in the custody of their mother during the period from May 1, 2000 to May 31, 2002. As a result, an apportionment of the veteran's pension benefits for this period is granted.

The Board has determined that there is no new and material evidence to reopen the veteran's claim for service connection for a deviated septum, which was previously denied in March 1986. The denial remains final.

The veteran's appeal for an increased evaluation of his gunshot wound residuals of the right chest cavity is remanded due to inadequate VA examinations. The case must be returned to the RO for further development, including a new VA examination with pulmonary function tests.

The Board has determined that the veteran's right knee disabilities do not warrant a higher disability rating based on the current evidence of record.