The Board found that the overpayment of compensation benefits due to a change in marital status was properly created, and denied the Veteran's claim.
The deciding factor: Applicable regulations specify that the Veteran was not entitled to additional compensation benefits on account of having his former spouse as a dependent after he divorced her. The RO terminated benefits effective September 1995 and did not reinstate them until November 2000, when the Veteran remarried.
- Claimed conditions
- ankylosis of the right ankle, dislocation of the right middle finger proximal interphalangeal joint, closed head injury with headaches, left latissimus dorsi muscle defect, donor graft site, right soleus muscle defect, donor graft site, right anterior tibial muscle defect, donor graft site, right tibia and fibula fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2010
- Citation
- 1040971
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1040971.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted special monthly compensation (SMC) for loss of use of the right foot and ankle, finding that no effective function remains other than what would be equally well served by amputation below the knee with a suitable prosthetic appliance. The decision is based on evidence from VA treating podiatrists who assessed the severity of the Veteran's service-connected disabilities.
- Dismissed
The Veteran's appeals for service connection for bilateral carpal tunnel syndrome, a rating in excess of 20 percent for a right ulna fracture, and a rating in excess of 30 percent for a right tibia and fibula fracture prior to September 1, 2019, and in excess of 40 percent thereafter have been dismissed. The Veteran's appeal for a rating in excess of 30 percent for persistent depressive disorder is remanded.
- Remanded (sent back)
The Veteran's appeal is remanded due to outstanding records and the need for further development, including obtaining SSA records and private treatment records.
- Dismissed
The Board dismissed the Veteran's appeals for service connection and increased ratings on several conditions, including a foot disorder, lumbar disc disease, right ankle condition, right shoulder acromioclavicular separation with impingement syndrome, left lower shin disability, and headaches. The appeal was withdrawn by the Veteran.
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