Traumatic brain injury (TBI) decisions — 2001

The Board found that there is no evidence in the veteran's service medical records of a diagnosis, treatment, or even a complaint of frostbite of the feet. The preponderance of the evidence is against the veteran's claim for service connection for frostbite of the feet.

The Board found no clear and unmistakable error in denying service connection for residuals of frostbite, but granted new evidence to reopen the claim and establish service connection for chronic axonal polyneuropathy.

The Board has denied the veteran's claim of entitlement to service connection for residuals of frostbite of both feet due to lack of well-grounded evidence.

The Board has remanded the case for obtaining additional VA Medical Center evidence, as identified by the appellant's representative. The appeal will be returned to the Board after compliance with all requisite appellate procedures.

The Board denied the veteran's claims for service connection due to lack of a final decision.

The veteran's pension benefits were reduced due to his receipt of Social Security disability benefits, effective June 1, 1996. The Board found that the reduction was proper based on the law and not disputed by evidence.

The veteran's claims for increased ratings for his bilateral hearing loss, frostbite of the feet, and Raynaud's phenomenon were denied. His claim for an effective date earlier than January 12, 1998, for the frostbite residuals was also denied. The TDIU claim is pending.

The veteran's initial disability ratings for the residuals of frostbite of both feet have been granted, with each foot rated at 20 percent. The appeal is not about service connection but rather dissatisfaction with the assigned disability ratings.

The Board denied reopening and granting service connection for residuals of a frostbite injury to the right foot due to lack of new and material evidence.

The veteran's service-connected residuals of a gunshot wound to the left arm and frostbite to various extremities were evaluated, with some issues being denied increased ratings.

The Board has dismissed the veteran's claim for service connection for residuals of frostbite due to a lack of appeal. The issue of entitlement to service connection for a contusion to the lower chest wall is remanded.

The Board has granted separate 20 percent ratings for residuals of frostbite of the left and right feet, effective May 22, 1999. The appellant's claim is denied for earlier effective dates.

The Board denied reopening of the veteran's claims for osteoarthritis, residuals of frostbite, and hypertension due to lack of new and material evidence.

The Board of Veterans' Appeals has determined that the veteran's claim for service connection for frostbite residuals to his face, ears, feet and knees is not well grounded due to a lack of supporting evidence. The appeal will be remanded to allow for further development.

The Board has determined that there is no evidence to support the veteran's claims for service connection for residuals of frostbite of the feet and lower legs, or residuals of a right wrist injury. The back and right hip disabilities are not found to be proximately due to or the result of his service-connected residuals of a shell fragment wound of the right femur.

The veteran's residuals of frostbite in both feet are currently manifested by cold sensitivity, color change and decreased sensation. The Board has granted increased ratings of 30 percent for the residuals of frostbite to the right foot and left foot.

The Board has granted a higher initial rating of 30 percent for the veteran's service-connected residuals of frostbite of both feet, finding that the evidence supports this increased evaluation based on manifestations of pain and nail abnormalities.

The Board has denied the veteran's claims for service connection for residuals of frostbite to both hands and feet, finding no evidence of current disabilities related to in-service cold exposure.

The Board has determined that the initial ratings assigned for hypertension, bronchial asthma, postoperative residuals of a hemorrhoidectomy with a history of perirectal abscess, and frostbite of the fingers are appropriate.

The Board has denied the veteran's claim of entitlement to service connection for frostbite of the feet due to a lack of well-groundedness, and has remanded the case for further development under the Veterans Claims Assistance Act of 2000.