Traumatic brain injury (TBI) decisions — 2005

The Board denied all claims for service connection, finding no new and material evidence to reopen the right eye injury residuals claim. The other claims were also denied as there was insufficient evidence linking the disabilities to service.

The veteran's appeal involves multiple issues including service connection for a heart condition, PTSD evaluation, pes planus evaluation, and hearing loss. The Board has determined that these claims must be remanded due to procedural errors.

The veteran is seeking a TDIU based on his service-connected frostbite of the feet. The RO has granted service connection for this condition, but the combined rating does not meet the criteria for a TDIU under VA regulations. The case is being referred to the Director of Compensation and Pension Service for consideration of an extraschedular TDIU.

The Board denied the veteran's claims for service connection for residuals of frostbite to the hands and ischemic heart disease, finding that there was no reasonable basis to set aside the determination that he did not meet the legal criteria for recognition as a former prisoner of war (POW) for VA purposes. The presumptive provisions under 38 U.S.C.A. § 1112(b) and 38 C.F.R. § 3.309(c) were therefore inapplicable.

The Board has remanded the case for additional development, including obtaining medical records and providing an opinion on the nature and etiology of the veteran's disabilities. The issues include service connection for cause of death and accrued benefits for residuals of frostbite in the lower extremities.

The veteran's claim for service connection for residuals of frostbite of the hands and feet, diabetes as secondary to frostbite, and arthritis as secondary to frostbite is granted.

The Board denied the veteran's claims for service connection for frostbite residuals of the right third finger, and denied compensable disability ratings for pes planus and contact dermatitis.

The Board has determined that the veteran does not have service connection for any of his claimed conditions, including hypertension, back injury residuals, intestinal problems, and frostbite (claimed as peripheral neuropathy).

The VA has denied a higher disability rating for the veteran's frostbite of the left hand, as it does not meet the criteria for a 30% evaluation due to lack of loss of fingers or parts.

The Board has determined that the veteran's service-connected frostbite and related conditions contributed to his cause of death, which was aspiration pneumonia. The claim is granted.

The veteran's claims for increased ratings for frostbite of the hands and service connection for PTSD were granted, with a 20 percent evaluation assigned for each hand. The claim for PTSD was found to be not incurred in or aggravated by active duty service.

The Board has determined that the veteran's current frostbite residuals are not related to his military service and have denied his claim for service connection.

The Board has granted service connection for PTSD and remanded the issue of a compensable evaluation for frostbite of the feet.

The Board has determined that the veteran's asthma is attributable to service, and his residuals of cold injuries of both feet (claimed as frostbite) are not shown. The claim for residuals of a right eye injury was denied.

The veteran's claims for service connection for hearing loss, defective vision in the left eye, back disorder, and chronic pathology of the feet have been denied as new and material evidence has not been received to reopen these claims.

The Board found that there is no evidence to support the veteran's claim of residuals of frostbite of the feet, and thus denied his claim.

The Board has granted service connection for frostbite residuals of the feet and a back disorder, finding that these conditions are related to in-service injuries. The veteran's current foot disorders are considered at least as likely as not due to cold injury sustained during service, while his back disorder is found to be unrelated to service.

The veteran's service-connected frostbite of both feet, lichen planus of the back, genitals, and bilateral legs, and avulsion fracture of the second toe of his right foot are currently evaluated at their respective minimum levels. The RO has denied all claims for increased evaluations.

The Board denied the veteran's claim of service connection for residuals of frostbite to the feet, finding that new and material evidence had not been submitted since a previous final denial in June 1990.

The Board denied service connection for migraine headaches, sinusitis and allergies, and a low back disability. Service connection was granted for residuals of frostbite of the hands and feet.