Traumatic brain injury (TBI) decisions — 2007

The veteran's claims for increased evaluations were denied. The RO assigned noncompensable and 10 percent evaluations, respectively, for bilateral hearing loss and left hand frostbite residuals.

The Board has determined that the veteran currently has residuals of frostbite of the feet, which occurred during service. As such, the claim for service connection is granted.

The Board found that the veteran's current venous insufficiency is not related to his in-service cold injury and denied his claim for service connection.

The Board has granted earlier effective dates of December 30, 1997 for service connection of coronary artery disease and frostbite of the hands. The veteran's claim was received on that date.

The Board previously denied the veteran's claim for service connection for residuals of frostbite of the feet and right hand, but remanded it due to a defective VA examination. The case is now being returned to the RO for further action.

The veteran's request for retroactive VA disability compensation prior to 1981 is dismissed as he did not identify a specific condition and the claim cannot be construed as an application to reopen a final claim or a claim of clear and unmistakable error in such a final claim.

The Board denied service connection for PTSD and did not find new and material evidence to reopen the claim of residuals of frostbite. The veteran's claims were based on his reported experiences in service, but he failed to provide credible supporting evidence.

The Board denied service connection for frostbite of the left and right feet due to lack of evidence linking these conditions to service.,Service connection was also denied for malaria, as there is no confirmed active disease or residuals from a relapse.

The Board has granted effective dates earlier than April 24, 2003 for service connection of residuals of frostbite to the hands and bilateral hearing loss based on CUE. Tinnitus was also granted an effective date prior to April 24, 2003 based on CUE.

The Board has determined that the initial evaluations assigned for the veteran's service-connected frostbite residuals do not meet the criteria for higher ratings under applicable VA rating criteria.

The Board has determined that the veteran incurred frostbite and Raynaud's phenomenon during active service, granting service connection for these conditions.

The Board found that none of the veteran's service-connected conditions caused or contributed to his death.

The Board has determined that the veteran's residuals of frostbite to the feet are service-connected, giving him the benefit of doubt in his favor.

The Board has determined that the veteran's left shoulder, cervical spine, and knee disabilities are not service-connected. The lumbar spine disability is granted with a rating of 10 percent from July 22, 1999 to December 18, 2002; 20 percent from December 19, 2002 to April 19, 2004; and 60 percent thereafter. The veteran's frostbite of the feet is rated as 20 percent disabling for each foot.

The veteran's combined evaluation for compensation is 50 percent, which does not meet the criteria for a TDIU based on service-connected disabilities.

The Board found that the veteran does not have any current residuals associated with his bilateral foot frostbite and denied entitlement to increased ratings for both right and left foot frostbite.

The veteran's claims for increased ratings for residuals of frostbite to the right hand and foot, as well as his claim for an earlier effective date for TDIU, were denied. The veteran's PTSD claim was also addressed but no rating assigned.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The veteran is seeking service connection for residuals of frostbite to his feet, which he claims occurred during active duty in 1954-1955. The VA has not been able to obtain the necessary service medical records and a private medical report suggests current disability related to cold injury from service. The case is being remanded for an examination and opinion on whether the veteran's current condition is related to his military service.

The Board has determined that there is no relationship between the veteran's current disabilities, including residuals of frostbite and a right eye disorder, and his military service. The claims for service connection are denied.