Traumatic brain injury (TBI) decisions — 2002

The Board denied the veteran's claim for service connection for the residuals of frostbite, finding no evidence of cold injury or its residuals in service.

The Board found that the veteran's claimed condition of frostbite residuals did not occur during service and was not linked to any in-service exposure. The claim for service connection was denied.

The Board has denied the veteran's claim for service connection for frostbite of the feet, finding that there is no medical or lay evidence of an in-service cold injury to his feet or a foot disability for forty years after service.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation by reason of need for regular aid and attendance or being permanently housebound.

The Board has denied the veteran's claims for increased evaluations for frostbite of both feet and left ear hearing loss, finding that there is no evidence to support these claims based on current comprehensive VA examinations.

The veteran's service-connected residuals of frostbite have not resulted in the inability to secure or follow a substantially gainful occupation, and therefore TDIU is denied.

The Board denied the appellant's claims for increased ratings for residuals of frostbite of both great toes and PTSD, finding that the evidence did not support a higher rating based on current symptoms.

The Board found no evidence to support the veteran's claim that his current right foot disability, which was first documented many years after service, is related in any way to service, including as being due to frostbite. As such, the claim for service connection was denied.

The Board has determined that the veteran does not have frostbite to his hands or any residuals thereof, and therefore denied service connection for this condition.

The Board denied the veteran's claim for an earlier effective date for a total disability rating based on individual unemployability, finding that no increase in disability had occurred prior to November 8, 1999.

The Board found that the veteran's service-connected residuals of frostbite did not meet the criteria for a higher rating under the applicable diagnostic codes, and denied his claims for increased ratings. The RO had previously granted service connection and assigned initial ratings of 10%, 20%, and 30% for each foot.

The veteran's appeal is about the evaluation of his service-connected frostbite residuals of the right foot. The RO must schedule a hearing for the veteran and then decide whether to grant an increased rating.

The Board has determined that the veteran's claims for service connection have been denied as no new and material evidence was submitted to reopen his previously denied claim.

The Board has determined that the veteran's current condition of peripheral neuropathy affecting his hands is related to active service, specifically frostbite injuries sustained during military service. As a result, the claim for service connection for residuals of frostbite to the hands is granted.

The Board has granted an effective date of October 1, 2001 for the grant of service connection for residuals of frostbite of the left lower extremity and right above-the-knee amputation. The veteran's petition to reopen his claim was received within one year of the liberalizing regulation that added organic residuals of frostbite as a presumptive disease for former prisoners of war.

The Board has granted a rating of 20 percent for complex partial seizure disorder, a cognitive disorder with memory loss, and headaches due to traumatic brain injury from September 4, 1997, to May 31, 2000. A separate 10 percent rating is warranted for the cognitive disorder.

The Board granted service connection for residuals of frostbite of each foot and awarded a 30 percent evaluation, effective from April 14, 1998.

The Board has denied the veteran's claims for service connection for residuals of frostbite, residuals of hernia, and a cardiac disorder. The respiratory disorder claim is not presumed to be related to Agent Orange exposure.

The veteran's PTSD is rated at 100 percent disabling, and he has additional disabilities that independently rate at 60 percent or more. He is not in need of regular aid and attendance but is substantially confined to his dwelling due to multiple service-connected disabilities.

The veteran's service-connected frostbite disabilities involving the feet have been rated at 30 percent each since February 1998. The effective date for his TDIU has been set as March 8, 1997.