Traumatic brain injury (TBI) decisions — 2001

The Board has denied the veteran's claim for service connection for residuals of frostbite of the feet, finding that it is a direct service connection case and not related to any specific exposure or presumption.

The veteran's service-connected residuals of frostbite of the feet, hands, and right hand have been granted increased evaluations effective January 12, 1998. The evaluation for the left foot remains at 30 percent.

The Board has reopened the claim for service connection for residuals of frostbite of the hands and granted a 10 percent rating for left knee disability. The right knee disability, PTSD, psychiatric disorder other than PTSD, migraine headaches, and sinusitis are not addressed as they were previously denied.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for residuals of frostbite of the left arm and hand. The evidence presented does not establish a material fact which was not already of record at the time of the 1956 rating decision.

The veteran's PTSD is rated at 50 percent effective October 27, 1999. The veteran's residuals of head trauma with associated headaches are currently evaluated as 10 percent disabling and a higher rating is not warranted.

The Board has granted service connection for frostbite of the ears and feet, hearing loss, and headaches. The veteran's PTSD is also service-connected.

The veteran's service-connected disabilities do not prevent him from securing or following any substantially gainful occupation.

The Board finds that it is at least as likely as not that PTSD and residuals of frostbite are related to service, granting the veteran's claims for these conditions.

The Board found no clear and unmistakable error in the February 1986 rating decisions that assigned a 10 percent rating for frostbite of both feet and partial amputation of the right great toe and total amputation of the right second toe.

The Board denied the veteran's claims for service connection for various conditions, including bilateral hearing loss, bilateral tinnitus, residuals of frostbite, a back condition, and a left knee condition. The veteran's stomach condition was not found to be proximately due to or aggravated by his service-connected PTSD. The claim for an increased rating for post-traumatic stress disorder (PTSD) is denied.

The Board has granted a 30 percent rating for the veteran's residuals of frostbite of the left foot, finding that these residuals meet the criteria for such a rating based on complaints of pain, numbness, and cold sensitivity, as well as nail abnormalities and some locally impaired sensation.

The Board has determined that the veteran's frostbite of both feet and Raynaud's phenomenon warrant a 30 percent evaluation from October 19, 1995 to January 11, 1998. After this date, the veteran is entitled to a 40 percent evaluation for his disability.

The Board found no evidence of frostbite during service and denied the veteran's claim for service connection.

The veteran withdrew his appeal for an earlier effective date, so the case is dismissed.

The veteran is seeking an effective date earlier than January 12, 1998 for a grant of a total disability rating based on individual unemployability due to his bilateral hand disabilities. The RO has not yet developed this issue and the Board finds it must be remanded.

The Board dismissed the appeal because a timely substantive appeal was not filed for the issue of service connection for hearing loss.

The Board has decided to remand the case due to changes in the law and the need for additional development, including obtaining service medical records and arranging for a VA examination.

The Board has granted an effective date of July 20, 2000 for the assignment of a 50 percent disability rating for the residuals of a shell fragment wound to the left hip and a total disability rating based on individual unemployability. The veteran's service-connected disabilities have resulted in his inability to secure or follow a substantially gainful occupation since July 20, 2000.

The veteran's claim for a permanent and total disability rating for pension purposes is denied as the effective date cannot be earlier than October 30, 1998 due to lack of timely filing.

The veteran's spouse was awarded additional compensation benefits for the veteran, effective May 1, 1998. The Board granted an earlier effective date of May 1, 1997.