Traumatic brain injury (TBI) decisions — 2005

The Board found that the veteran did not submit a notice of disagreement within one year of notification of an October 1991 RO rating decision denying service connection for various conditions. The evidence received since then was not new and material, thus the claims were not reopened.

The Board denied service connection for neck disorder, bilateral knee disorder, and hemorrhoids. Service connection was granted for a disorder of the left hand finger due to frostbite.

The veteran's service connection claim for bilateral shin splints is granted. The other conditions and issues are denied.

The Board found that the veteran's service-connected frostbite residuals did not cause, contribute substantially or materially to, combine with, or aid in causing his death from cardiac arrest due to coronary artery disease.

The Board denied an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU) due to lack of evidence showing entitlement prior to November 8, 1999.

The Board has remanded the case back to the RO for further action due to failure to follow-up on requests for certain VA medical records.

The veteran's cold injury residuals to the hands and feet are service-connected, but he is not entitled to higher ratings for these conditions.

The Board has granted service connection for bilateral neuropathy of the feet, residual to frostbite sustained during service in Korea.

The Board has denied the veteran's claims for service connection for diabetes mellitus, coronary artery disease, and the residuals of frostbite. The evidence does not support a finding that these conditions are related to military service or any herbicide exposure.

The Board has remanded the case to the RO for further development due to new evidence submitted by the veteran.

The Board denied all the veteran's claims for increased ratings, finding that his conditions did not warrant a higher rating based on the evidence of record.

The Board found that the veteran's service-connected residuals of frostbite, left hand do not meet the criteria for a higher evaluation as they do not demonstrate tissue loss, nail abnormalities, color changes, locally impaired sensation, hyperhidrosis, or X-ray abnormalities such as osteoporosis, subarticular punched out lesions, or osteoarthritis.

The Board denied service connection for the cause of death due to atrial fibrillation and pleural effusions, finding that these conditions were not present during service or for many years thereafter, and are not causally linked to service.

The Board denied the veteran's claim for service connection for residuals of cold injuries of both hands and feet (claimed as frostbite), finding that there was no evidence to support a link between his current symptoms and his military service.

The Board has reopened the veteran's claim for service connection for residuals of frostbite of the feet and granted it, finding that new evidence supports a current disability related to military service.

The Board has decided to remand the case for further development due to the lack of service medical records and the need to obtain alternative records. The appellant's claim for service connection for residuals of frostbite in both upper and lower extremities is pending.