Other conditions decisions — 2009

The Board remands the claim for extraschedular consideration under 38 C.F.R. § 4.16(b) as there is sufficient evidence to establish that the Veteran's service-connected disability may produce marked interference with employment.

The Veteran withdrew the appeal of entitlement to a total disability evaluation based upon individual unemployability (TDIU) due to service-connected disabilities.

The Veteran's chronic fistula and resulting co-morbidities were at least partially due to less than optimal care on the part of the VA medical system, warranting disability compensation under 38 U.S.C. § 1151.

The Board denied service connection for the cause of the Veteran's death as CJD was not shown to be related to his military service.

The Veteran's delimiting date for post-Vietnam era educational benefits under Chapter 32, Title 38, of the United States Code was extended from January 25, 2002 to August 31, 2004 due to a mental disability preventing him from pursuing education between January 1992 and August 1994.

The appeal for service connection for cancer of the upper aero digestive tract was denied as there is no current diagnosis of such condition. The claim for an initial rating in excess of 10 percent for tinnitus was also denied based on the maximum schedular rating available.

The Board finds that the evidence supports a direct relationship between the Veteran's current residuals of decompression sickness and his in-service incident.

The Veteran was granted a 60 percent evaluation for residuals of adenocarcinoma of the prostate, status post external beam radiation with impotence, effective September 27, 2005.

The appeal was dismissed due to the death of the appellant.

The Board denied the Veteran's claim for service connection for post traumatic stress disorder as there was no credible evidence to support his claimed in-service stressors.

The appellant was not recognized as the Veteran's surviving spouse for VA benefit purposes due to a legal impediment that prevented her from marrying the Veteran prior to June 2005.

The Veteran's residuals of a right second toe fracture do not warrant a compensable evaluation as the condition does not result in moderate disability or other symptoms that would support a higher rating.

The Veteran's claim for an evaluation in excess of 10 percent for the service-connected HIV related illness was remanded for additional development, including a new VA examination.

The evidence of record does not demonstrate that a lung disorder is related to the appellant's active service, including as due to exposure to an herbicidal agent.

The appeal is remanded to the RO for additional development and consideration of the claim.

The case is remanded for a VA examination to determine the Veteran's employability based on his service-connected disabilities.

The appeal is remanded to the RO for additional development, including obtaining updated financial information and ensuring that all contested claims procedures have been followed.

The Board denied the Veteran's claim to reopen a previously denied service connection claim for psychotic organic brain syndrome, as new and material evidence was not received.

The Board denied a rating higher than 30 percent for the Veteran's service-connected labyrinthitis, as it is already rated at the maximum schedular rating.

The Veteran's service is not qualifying service for VA nonservice-connected death pension benefits.