Traumatic brain injury (TBI) decisions — 2005

The Board has remanded the case for additional development due to incomplete compliance with a previous remand order.

The Board denied the veteran's claims for service connection and increased ratings for his frostbite residuals of both ears, as well as his bilateral knee disability. The veteran was not granted service connection for Dupuytren's contracture of the hands or a bilateral knee disability.

The Board has granted the veteran's petition to reopen his claim for service connection for the residuals of frostbite to the hands and feet, finding that new evidence received since the March 1975 denial relates to an unestablished fact necessary to substantiate the claim.

The Board denied the veteran's claims for service connection for residuals of frostbite of a left toe and an increase in his rating for low back disability. The veteran does not have current residuals of frostbite of a left toe, and there is no evidence to support a grant of service connection for this condition. For his low back disability, the Board found that the preponderance of the evidence was against a higher rating.

The Board has determined that the veteran's claims for service connection for residuals of a hernia and residuals of frostbite of the feet are denied as there is no competent medical evidence linking these conditions to his military service.

The veteran's frostbite residuals have been granted a 10% evaluation, effective from August 30, 2002.

The Board has denied the veteran's claims for service connection for tinnitus and residuals of frostbite, finding that there is no direct evidence linking these conditions to his military service.

The Board found that the veteran's claimed conditions were not incurred or aggravated by service, and denied his claims for service connection.

The Board denied the veteran's claims for service connection for residuals of frostbite and tinnitus, as well as his claim for an increased rating for PTSD. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The veteran's claims for increased ratings and service connection were denied. The RO granted service connection for residuals of cold injuries to the feet, but did not grant an evaluation in excess of 10 percent prior to January 12, 1998 or in excess of 20 percent from that date.

The Board found no evidence of a service-connected frostbite or cold injury, and thus denied the veteran's claim for service connection.

The veteran's appeal is being remanded due to the need for a supplemental opinion regarding whether his service-connected disabilities render him unemployable, independent of other conditions not related to service.

The Board denied the veteran's claims for service connection for residuals of frostbite and diabetes mellitus, finding no evidence to support these claims. The veteran's current disabilities are not shown to be related to his military service.

The Board has determined that there is no evidence of frostbite injuries to the veteran's feet during service, and the preponderance of the evidence does not support a finding that any current foot disabilities are related to such in-service injury. As a result, service connection for residuals of frostbite of both feet is denied.

The Board has determined that additional development is needed to determine the nature and etiology of any residuals of a head injury, left clavicle fracture, frostbite of hands and feet, right or left little finger injury, and back pain/spine condition. The veteran's medical records from Dr. J. A. Nilsen should also be obtained.

The Board has denied the veteran's claim of service connection for frostbite of the feet and his claim for a psychiatric disorder, including PTSD and anxiety disorder. The denial is based on lack of evidence showing such conditions were incurred in or aggravated by service.

The Board found no evidence of a current disability for any of the conditions and concluded that service connection was not warranted.

The Board found that the veteran's currently diagnosed psychiatric disorders are not related to events in service and denied all claims for service connection.

The Board has denied the veteran's claims for service connection for various conditions, including left long thoracic nerve neurapraxia, low back disorder, neurological condition with headaches, dizziness and light-headedness, shortening of the left lower extremity, first degree AV block, respiratory disorder, hearing loss, skin condition of the hands and feet (claimed as a foot disorder due to frostbite), facial lacerations, nasal fracture, teeth numbers 8 and 9 for VA dental treatment, and jaw disability. The claims were found not to have been incurred in service.

The veteran's appeal is being remanded to provide VCAA notice and for a new compensation examination.