Traumatic brain injury (TBI) decisions — 2000

The Board denied the veteran's claim for service connection for frostbite of the hands and feet, finding that there was no competent medical evidence showing current residuals or a relationship to service.

The veteran's frostbite of the feet is rated at 30 percent since January 21, 1997. The right little finger amputation is currently rated at 20 percent.

The veteran's appeal is being remanded due to incomplete service medical records and the need for additional development. The issues of service connection for schizophrenia, undiagnosed illness manifested by skin problems, eye disorder, and residuals of frostbite are pending.

The veteran's claims for increased ratings and effective dates were denied. The case is remanded for further development.

The Board denied the veteran's claims for service connection for residuals of frostbite to his hands, irritable bowel syndrome as secondary to PTSD, and stomach disorder as secondary to PTSD. The veteran's total disability rating claim was also denied due to the combined effect of his service-connected disabilities not meeting the schedular criteria for individual unemployability.

The veteran's claims for increased evaluations of his service-connected bilateral residuals of frostbite of the feet were denied. The RO found that prior to January 12, 1998, the veteran did not meet the criteria for a rating in excess of 30 percent for each foot due to persistent moderate swelling and tenderness but no loss of toes or parts. As of January 12, 1998, he met the criteria for a 30 percent evaluation based on pain, numbness, color changes, and x-ray abnormalities.

The Board has determined that the veteran's claims for service connection are not well grounded. The evidence does not support a finding of chronic disability in service or continuity since service.

The Board has granted service connection for the veteran's residuals of frostbite of the hands, finding that it is a direct result of his military service.

The Board has granted service connection for frostbite of the left foot and assigned noncompensable evaluations to both right foot frostbite and bilateral calluses. The veteran's claim for an initial compensable evaluation for frostbite of the right foot is denied, as is his claim for an initial compensable evaluation for bilateral calluses.

The veteran's PTSD is productive of considerable social and occupational impairment, with occasional decrease in work efficiency and intermittent periods of inability to perform tasks due to symptoms including sleeplessness, irritability, anxiety, and social isolation. The disability does not meet the criteria for more severe impairment.

The veteran's claim for an effective date earlier than December 17, 1996 for the award of service connection for frostbite residuals of the feet is denied.

The Board has remanded the veteran's claims for higher ratings for residuals of frostbite of the feet and PTSD due to additional development being required, including obtaining medical records and scheduling examinations. The RO must consider both former and new rating criteria based on when each claim was filed.

The veteran's internment in Switzerland was not considered comparable to detention by an enemy government, and therefore he does not meet the criteria for former POW status for VA purposes.

The Board has determined that service connection should be granted for the residuals of frostbite, right hand due to exposure during service.

The Board found that the veteran's claims for service connection for histoplasmosis and frostbite were well-grounded. The evidence supported a finding of residuals from frostbite, but not from histoplasmosis.

The veteran's claims were granted, with increased evaluations for PTSD and frostbite conditions. Service connection was established for duodenal ulcer.

The Board found no current residuals of the veteran's cold injury to his feet in service, and thus denied his claim for service connection.

The Board found that there is no evidence to support the veteran's claim of service connection for frostbite of the hands, as he did not have a hand injury in service and his current condition does not appear related to any service-connected conditions.

The veteran's claim for an initial rating in excess of 10 percent for residuals of bilateral frostbite of the feet from January 1992 to January 11, 1998 was denied. The RO found that there were no objective manifestations of residuals of frostbite during this period.

The veteran's appeal is dismissed due to his death during the pendency of the appeal.