Other conditions Board decisions

The Veteran's granddaughter, A.M.M.B., is not considered his child for VA compensation purposes due to lack of adoption or legal status as a stepchild. Therefore, the claim for dependency allowance for A.M.M.B. for the purpose of VA compensation benefits is denied.

The Veteran's death was not service-connected, and he did not meet the criteria for burial benefits under any provisions.

The Veteran's claimed disabilities of the joints of the upper and lower extremities are not shown to have manifested within one year following service, and there is no evidence of a nexus between these conditions and his active service. The Board finds that the preponderance of the evidence is against the claim.

The Board found that the Veteran's claim for an earlier effective date was without legal merit due to the finality of a December 1976 decision denying service connection, and no new and material evidence had been submitted within one year. The current claim for reopening the service connection issue was filed in February 2009.

The Veteran's claim for an increased rating for chronic glomerulonephritis was granted with an effective date of May 18, 2007. The earlier effective date of September 8, 2005 is based on the evidence showing that his kidney disability met criteria for a 60% rating as of that date.

The Board denied the claim for an effective date earlier than June 18, 2010 for the payment of death pension benefits as the appellant did not file her claim within one year after the Veteran's death in September 2005.

The appellant is not eligible for apportionment of the Veteran's disability compensation benefits as she was never his spouse and their divorce severed her dependent status.

The Veteran's service-connected disabilities result in the loss of use of both lower extremities, effectively precluding locomotion without assistance. The Veteran is therefore eligible for specially adapted housing but not a special home adaptation grant.

The Board found that the Veteran's current rectal prolapse with rectal bleeding disability was not incurred in or aggravated by service, and may not be presumed to have been so incurred.

The Veteran has been reasonably discharging his responsibility for the support of his child C. during the appeal period, and thus an apportionment is denied.

The Veteran's claim for Total Disability based on Individual Unemployability (TDIU) due to service-connected Cephalgia is granted, effective May 5, 2009.

The Board denied the Veteran's claims for service connection for inability to reproduce and loss of use of a creative organ, as well as residuals from a vasectomy, finding no competent evidence linking these conditions to his exposure to herbicides or active service.

The Veteran's unauthorized medical expenses incurred at Maine Coast Memorial Hospital on July 20, 2011 were not reimbursable because the services provided did not meet the criteria for emergency treatment as defined by VA regulations.

The Veteran's additional disability following left ankle surgery performed by VA in November 2009, including peroneal nerve injury and associated symptoms such as foot pain and numbness, was not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Veteran's appeal is being remanded due to the need for an addendum medical opinion regarding his basal cell carcinoma and its relation to sun exposure during service.

The Veteran's service-connected residuals of pneumonia are not entitled to an increased rating prior to June 1, 2010 and the reduction in evaluation was proper. Since June 1, 2010, there is no evidence that warrants a compensable evaluation.

The Veteran's claim for service connection for residuals of a cold weather injury is being remanded due to the need for clarification of the VA medical opinion and obtaining additional treatment records.

The Board found that the overpayment of $83,508.63 was valid and denied a waiver of recovery due to the Veteran's sole fault in creating the debt.

The Board has determined that the Veteran's non-ischemic cardiomyopathy was incurred in service, resolving reasonable doubt in his favor.

The Veteran's thoracic outlet syndrome and left humerus fracture are rated at 40 percent for the former, and 20 percent for the latter. The decision grants increased ratings but does not address the TDIU claim.