Traumatic brain injury (TBI) decisions — 2001

The Board denied the veteran's claims of service connection for residuals of frostbite and Buerger's disease, finding that there was no direct evidence linking these conditions to his military service.

The Board denied an increased evaluation for residuals of fracture of the left great toe, finding that the disability is primarily manifested by complaints of pain and stiffness with no additional functional impairment due to pain or other factors. The current 10% rating best represents the veteran's condition.

The Board has determined that the veteran's service-connected frostbite residuals and fractured right great toe have been rated appropriately throughout the appeal period.

The veteran's claim for service connection for frostbite of the feet was denied as there is no evidence to support his in-service exposure or injury.

The Board denied the veteran's claims for service connection for asthma, bilateral frostbite of the feet and hands, and a dental and gum disorder (claimed as 'trench mouth'), finding that his asthma existed prior to service and did not worsen during service. The claim for a dental disorder was also denied due to lack of timely application.

The Board has denied the veteran's claims for special monthly pension benefits due to a lack of evidence showing that he requires regular aid and attendance or is substantially confined to his dwelling.

The Board finds that the veteran did not suffer from frostbite of his feet and/or hands during active service, and thus denied his claim for service connection.

The Board has determined that the veteran's residuals of frostbite of the left great toe do not warrant a rating in excess of 20 percent.

The Board denied the veteran's claims for increased evaluations for frostbite of his feet, finding that the evidence did not warrant a higher evaluation based on the criteria in effect prior to January 12, 1998.

The veteran's service-connected disabilities include bilateral pes planus, residuals of frostbite of the right and left feet, and a low back disorder. The RO granted increased ratings for these conditions and also granted entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Board denied service connection for chronic residuals of frostbite to the upper and lower extremities as there was no evidence of current disability or a link between any present symptoms and service.

The Board finds that the veteran sustained frostbite to his feet during service and has current residual disability. The Board grants service connection for residuals of frostbite to the feet.

The veteran's claim for service connection for Buerger's disease (thromboangiitis obliterans) is moot as the condition was already awarded in a prior decision. The claim for an earlier effective date for total rating based on individual unemployability also lacks legal merit or entitlement under the law.

The veteran's unauthorized private hospitalizations were denied reimbursement or payment due to lack of authorization and the fact that he was not treated for a service-connected disability.

The VA has denied the veteran's claims for evaluations in excess of 10 percent for residuals of frostbite of both feet, finding that there is no evidence of tissue loss, color changes, hyperhidrosis, or X-ray abnormalities to warrant a higher rating.

The Board finds that the preponderance of evidence is against the veteran's claim for service connection for residuals of frostbite to hands, legs, knees, feet, toes and fingers. The veteran did not have a current disability resulting from in-service frostbite exposure. As for the knee injury issue, there is insufficient medical evidence to determine if any current disorder is related to active service.

The veteran's service-connected disabilities, including PTSD, frostbite residuals, and tinnitus, are found to preclude substantially gainful employment. The Board grants a total disability rating based on individual unemployability.

The Board has reopened the veteran's claims for service connection for bilateral hearing loss, residuals of cold injuries to his hands and feet (frostbite), and a bilateral elbow condition. However, it was not able to establish that these conditions were incurred in or aggravated by military service.

The Board has reopened the veteran's claim for service connection for residuals of frostbite of the feet due to new and material evidence submitted since the March 1981 RO decision. The examiner will be asked to determine if there are any objective residuals of frostbite.

The veteran's service-connected frostbite residuals did not meet the criteria for a higher initial disability rating from September 15, 1997 to January 12, 1998.