Other conditions decisions — 2010

The Board has determined that the Veteran's residuals of sigmoid colon carcinoma, status post sigmoid colectomy and partial cystectomy of the bladder were first manifested during active military service. As a result, the claim for service connection is granted.

The Veteran's claim for a rating in excess of 10 percent for residuals from a shell fragment wound, right thigh, with Muscle Group XIV involvement was denied by the RO. The Board found that the current evaluation assigned does not accurately reflect the severity of the condition.

The Veteran's spouse is denied additional specially adapted housing benefits as the funds were never placed in an escrow account and no additional expenses related to the grant were incurred.

The Veteran's service-connected residuals of a right foot bunionectomy are currently rated at 10 percent, and the Board has determined that this rating is not warranted for an increased evaluation.

The Veteran's epidermophytosis of the feet, fingers, fingernails, and back is not shown to have been productive of any disabling manifestations during the relevant appeal period. As such, a rating in excess of 30 percent for this condition is denied.

The Board has determined that the Veteran does not have a low back disability that is attributable to his active military service and therefore, denied the claim for service connection.

The Veteran's child does not have a form or manifestation of spina bifida, and therefore the claim for benefits under 38 U.S.C.A. § 1805 is denied.

The Veteran seeks compensation under 38 U.S.C.A. � 1151 for additional disabilities associated with a surgical procedure performed in September 1983. The case is being remanded to obtain an updated medical opinion regarding the care provided and whether any additional disability was caused by negligence or unforeseeable events.

The Veteran's service-connected spondylolysis with grade I spondylolisthesis, L5-S1, is not shown to have been manifested by unfavorable ankylosis of the thoracolumbar spine or unfavorable ankylosis of the entire spine, or intervertebral disc syndrome manifested by incapacitating episodes, or separately ratable neurological deficits. Therefore, a rating in excess of 40 percent for this condition is denied.

The Board found that the Veteran's current foot and toe disorder is not related to his active service, and thus denied his claim for service connection.

The Board of Veterans' Appeals (BVA) has determined that the apportionment of $200 per month from the Veteran's VA compensation benefits on behalf of his minor son, C.C., was proper. The decision is based on the fact that the ex-wife provided evidence showing financial need and expenses exceeding income.

The Veteran's service-connected left knee condition, including chondromalacia patellae, postoperative residuals of a partial resection of the inferior patellar tendon, and a ganglion cyst, is currently rated at 20 percent under DC 5260 (leg, limitation of flexion) for limitation of motion. The Veteran's claim has been granted.

The Veteran's claim for an increased evaluation of his postoperative residuals of the left ulna with instability is being remanded due to a request for a Board videoconference hearing.

The appeal is being remanded to obtain additional medical records and clarify the conditions for which the Veteran was service-connected at the time of his death. The claim will be readjudicated based on all available evidence.

The Board denied the veteran's claim for nonservice-connected pension because their active service did not occur during a period of war, and therefore they do not meet the legal eligibility requirement.

The Veteran's appeals for service connection for cholecystectomy, cellulitis of the left and right lower extremities, and pancreatitis have been dismissed as he has withdrawn his appeal on these issues.

The Veteran's claims for increased evaluations for his service-connected back disability and right shoulder injury with traumatic arthritis were denied. The Board found that the evidence did not meet the criteria for a higher evaluation under the applicable rating schedule.

The Veteran withdrew his appeal for service connection of cardiovascular disability.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for the cause of the Veteran's death, including based on exposure to herbicide agents (Agent Orange).

The Veteran seeks payment or reimbursement for ground ambulance transport services provided on January 23, 2003. The NAO determined that the Veteran did not meet eligibility criteria under 38 U.S.C.A. § 1728 due to lack of service-connected disability at the time of transport. The case is REMANDED for further adjudication.