Traumatic brain injury (TBI) decisions — 2005

The veteran's claim for special monthly compensation based on the need for regular aid and attendance or at the housebound rate is being remanded due to incomplete medical records, a lack of determination regarding his need for regular aid and assistance, and an incomplete examination report.

The Board has remanded the case to the RO for a local hearing and consideration of new evidence, as the veteran requested one.

The veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge at the RO. The issues of service connection for PTSD, low back disorder, and residuals of frostbite are still under consideration.

The Board has determined that the veteran does not have a current, chronic disability of residuals of frostbite and numbness incurred in or aggravated by active duty. The claim is denied.

The veteran's claim for increased ratings for frostbite residuals of the right hand, nose, forehead and left ear was denied. The RO found that the current evaluations adequately reflected the severity of his disability.

The Board found that the veteran does not have current residuals of frostbite of the feet, hypertension was diagnosed during service and is not related to service, hearing loss and tinnitus were not shown by current medical evidence, and PTSD was not diagnosed. The claim for PTSD will be remanded due to lack of verification of stressor events.

The Board found no evidence of cold weather injury to the lower extremities during service and denied the veteran's claim for service connection.

The Board has granted initial ratings for service-connected residuals of frostbite of the feet and hands, with a rating of 10 percent each beginning January 12, 1998 to March 30, 1999; and 20 percent each beginning March 31, 1999. The initial ratings for peripheral neuropathy associated with service-connected frostbite are also granted.

The Board has remanded the case for additional development due to a lack of an opinion regarding whether the veteran's current osteoarthritis of the hands is related to service, specifically cold injury during his time in Korea.

The Board found that the veteran's frostbite of the hands and feet warranted separate 10 percent ratings prior to January 12, 1998. The veteran was granted a rating of 30 percent for cold injury of the left upper extremity and right upper extremity as of January 12, 1998.

The Board has granted a 30 percent evaluation for the veteran's service-connected residuals of frostbite in both hands and right hand with arthritis, first metacarpophalangeal joint, effective from January 12, 1998. The left hand with arthritis, first metacarpophalangeal joint is also rated at 30 percent.

The Board has determined that the veteran's coronary artery disease and residuals of frostbite of the hands and feet were not incurred in or aggravated by military service, nor may they be presumed to have been incurred in service. As such, both claims for service connection are denied.

The Board has remanded the case for additional development due to failure to comply with previous remand orders and to inform the veteran of alternative forms of evidence he can submit to substantiate his claim.

The veteran's service-connected frostbite disability was rated at 30% for both legs and feet, effective September 17, 2000. The Board denied earlier effective dates for these ratings.

The VA has denied the veteran's claims of service connection for residuals of frostbite of the feet and pes planus, finding no evidence of a current disability related to these conditions.

The veteran's service-connected disabilities, including PTSD, frostbite residuals, defective hearing, and tinnitus, render him unable to work due to his mental health condition and physical impairments. The Board has granted a TDIU based on these factors.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death from ischemic cardiomyopathy.

The Board has granted a 30 percent evaluation for the veteran's residuals of frostbite of the right foot, which is the maximum available under Diagnostic Code 7122.

The Board has reopened the veteran's claim for service connection for frostbite or cold injury of the hands and feet, and granted service connection for peripheral neuropathy as a residual of cold injury. The decision is based on new evidence submitted by the veteran.

The Board found that the veteran's traumatic brain injury was not incurred in the line of duty due to his operation of a motorcycle while under the influence of alcohol, which is considered willful misconduct.