Other conditions Board decisions

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.

The Board found that the appellant's income exceeded the maximum annual pension rate for a surviving spouse with no dependents, thus denying her claim for nonservice-connected improved death pension benefits.

The Board has denied the veteran's claim for service connection for a skin disability, finding that there is no nexus between his in-service boils and any current skin condition.

The Board has denied both service connection claims for psoriatic arthritis of the feet and cellulitis of the feet, finding no evidence linking these conditions to the veteran's active service.

The Board has restored service connection for the veteran's right foot/ankle disability and dismissed the appeal regarding a separate 10% evaluation for his right foot bunion.

The veteran claims service connection for bilateral diplopia, which he alleges was caused by an injury sustained during a live-fire exercise in November 1954. The RO has been unable to obtain his complete service records due to the destruction of records at the NPRC in 1973. A VA ophthalmology clinic assessment supports the veteran's claim but does not indicate whether it was based on the claims file or solely on the veteran's history.

The Board denied the veteran's claim for service connection for anaplastic astrocytoma, finding no evidence of a nexus between his current disability and military service or herbicide exposure.

The Board denied the veteran's claims for service connection for a fractured pelvis and a bilateral leg condition as secondary to a fractured pelvis, finding no new and material evidence to reopen the claim for fractured pelvis and denying both issues.