Traumatic brain injury (TBI) decisions — 2003

The Board has found that new and material evidence has been submitted to reopen the claim for residuals of frostbite of the feet, but it is not clear from the decision whether service connection will be granted or denied.

The Board found that the veteran has a disability manifested by burning and tingling of the face, which is related to frostbite injury during military service. Service connection for this condition was granted.

The Board has determined that the veteran does not have service connection for any of the claimed conditions, including PTSD, hearing loss, upper respiratory disorders, tonsillitis, hemorrhoids, low back injury, frostbite, ingrown toenails, numbness of hands, fracture of left thumb, right shoulder dislocation, left elbow disability, arthritis of the back and shoulders, hyperopia and presbyopia, chloracne (claimed as secondary to herbicide exposure), or acute/subacute peripheral neuropathy (claimed as secondary to herbicide exposure).

The Board found no evidence of frostbite in service and concluded that the veteran's current foot disabilities are not due to service, but rather due to other causes.

The Board found that the veteran's service connection claim for residuals of frostbite of the hands was granted based on direct evidence linking his current condition to exposure during combat service in Korea.

The veteran's appeal was dismissed due to his death.

The Board has determined that the veteran did not timely perfect an appeal of the May 2000 RO decision regarding his claims for service connection and increased evaluation. As such, these issues are dismissed.

The Board has reopened the claim for service connection of residuals of frostbite of the feet and granted it, attributing the condition to active service.

The Board denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they did not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a).

The Board denied service connection for bilateral hearing loss, hypertension, stomach ulcers, residuals of frostbite of the feet, and post-traumatic stress disorder due to lack of evidence linking these conditions to service or a service-connected disability.

The veteran's appeal is about his right foot frostbite residuals and he needs a VA examination to determine the current nature, extent, and manifestations of this disability. The RO must also ensure all requested development actions have been conducted.

The Board has determined that the veteran's claimed residuals of frostbite of the hands and feet were not incurred in or aggravated by active service. The claim for tinnitus was denied as well.

The Board found that the veteran does not have any residuals of frostbite, a current inguinal rupture or recurrent hernia, a neck condition, a shoulder condition, or headaches that were incurred in or aggravated by his military service.

The Board denied the veteran's claims for service connection for frostbite of the hands and feet, initial compensable evaluation for sinusitis, an increased rating in excess of 10 percent for mechanical low back pain with degenerative changes, and separate evaluations for bilateral knee degenerative changes.

The Board has decided that the veteran's service-connected frostbite of the hands warrants separate, compensable ratings on and subsequent to January 12, 1998. However, for the period prior to this date, the evidence does not meet the criteria for a higher rating.

The Board denied the veteran's claims for service connection for bilateral hearing loss, bilateral tinnitus, and residuals of frostbite. The right shoulder disorder and right hand disorder claims were not addressed as they are related to a pending TDIU claim.

The Board has denied the veteran's service connection claims for residuals of frostbite and Buerger's disease, finding that the evidence does not support a grant on the merits.

The Board has granted higher ratings of 20 percent for the veteran's service-connected residuals of frostbite of both feet, effective from January 12, 1998.

The Board found that the veteran's pre-existing hammertoes did not increase in severity during service and denied service connection for bilateral hammertoes. For residuals of frostbite, as there was no combat involvement, the relaxed standard under 38 U.S.C.A. § 1154(b) does not apply, and the Board denied service connection based on lack of evidence showing cold exposure or injury during service.