Traumatic brain injury (TBI) decisions — 2004

The Board denied the veteran's claims for service connection for various conditions, including diabetic neuropathy, extreme sensitivity to cold, arthritis of the feet and hands, chronic toenail fungal infection, cracking and discolored legs, residuals of frostbite, and hepatitis C. The Board found no evidence that these conditions were incurred in or aggravated by service.

The veteran's widow is seeking service connection for the cause of his death and dependency and indemnity compensation under 38 U.S.C.A. § 1318(b). The Board has ordered additional development due to incomplete records, including those from Lourdes Hospital in Binghamton, New York, and an autopsy report.

The Board found that the veteran does not have residuals of frostbite to the upper and lower extremities, which are not related to his active service. As a result, the claim for service connection was denied.

The veteran's combined rating for service-connected disabilities is 60 percent, which does not meet the schedular requirements for a total rating based on individual unemployability. The case has been referred to the Director of VA Compensation and Pension Service for extraschedular consideration.

The Board denied the veteran's claims for an increased rating for postoperative residuals of a nose fracture, service connection for allergic rhinitis, low back pain, and residuals of frostbite to his ears. The remaining issues were remanded.

The Board has determined that additional development is needed to determine if the veteran's peripheral vascular changes are related to service, specifically exposure to cold weather conditions in January and February 1977 at Fort Jackson, South Carolina.

The Board has determined that the veteran's claim for service connection for residuals of frostbite of the feet requires further development, including scheduling a VA examination and obtaining additional medical records.

The Board has remanded the case due to inadequate VCAA notice and the need for additional evidence, including proof of in-service frostbite injury and medical records.

The Board has determined that the veteran does not have a bilateral knee, leg, or hip disorder, nor does he have residuals of frostbite. The skin disorder claim is also denied as there is no evidence to support its existence during service.

The Board has denied service connection for burns to the right side of the face and ear, but granted service connection for residuals of frostbite of both feet. The issues regarding hearing loss and tinnitus require further development.