Traumatic brain injury (TBI) decisions — 2007

The VA denied the appellant's claims for increased ratings and service connection for various conditions, including hypertension, coronary artery disease, bilateral hearing loss, left index finger fracture residuals, lumbar spine disorder, cervical spine disorder, frostbite residuals, gastrointestinal disorder, and otitis media.

The Board has determined that the veteran's service-connected peripheral neuropathy of the lower extremities is due to frostbite sustained during his military service, and thus grants service connection for this condition.

The Board has reopened the veteran's claim and granted service connection for residuals of frostbite of the hands and feet, diagnosed as frostnip of the extremities. The condition is primarily manifested by symptoms of cold sensitivity.

The Board has determined that the veteran's residuals of frostbite of the feet are related to his military service and grants this claim.

The veteran's increased ratings for residuals of frostbite of the hands and feet have been granted, with a rating of 30 percent effective from November 4, 2004.

The Board has determined that the veteran's bilateral hearing loss and frostbite of the lower extremities were not incurred or aggravated by service, and thus denied both claims.

The veteran's service-connected disabilities, including residuals of frostbite affecting his feet and hands, do not render him unemployable due to their severity alone. The Board finds that the veteran is not totally disabled by these conditions.

The Board denied the veteran's claims for service connection for various conditions, including headaches, traumatic brain injury (TBI), a psychiatric disability to include PTSD, bilateral shoulder disability, lumbar strain, and cervical strain. The decision also denied his request for an increased rating for tinnitus.

The Board has remanded the case for additional development, including obtaining service personnel records and medical records from private clinicians. The veteran's exposure to cold weather during his military service in Korea is also being considered.

The Board has determined that the veteran does not meet the criteria for service connection for any of his claimed conditions, as there is no competent medical evidence to support a current diagnosis or a link between his active service and these conditions.

The Board has determined that the veteran's claims for earlier effective dates for service connection were denied as his original and subsequent claims have been found to be final due to lack of timely NODs.

The Board has determined that the veteran does not have current disabilities of tinnitus or frostbite of the lower extremities that are related to his military service. The claims for service connection are denied.

The veteran's service-connected disabilities, which include residuals of frostbite of both feet and malaria residuals, do not render him unable to secure or follow a substantially gainful occupation.

The veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Board denied the veteran's claims for service connection for loss of taste and smell, as well as his claim for an initial rating in excess of 30 percent for PTSD. The veteran was granted a 30 percent disability rating for PTSD.

The veteran's claims for service connection for a right knee disorder and frostbite of the hands and feet have been denied. The veteran was granted initial compensable evaluations (0% from June 1, 2002 to November 25, 2002; 10% since November 26, 2002) for his service-connected impingement syndrome of the right shoulder.

The Board found no evidence of an allergic response to inservice vaccinations, and thus denied service connection for this condition. Service connection was established for PTSD and frostbite residuals of the lower extremities, but the veteran's claims for increased ratings remain pending.

The Board found no evidence of PTSD or a bilateral leg condition, residuals of frostbite, incurred during service and denied both claims.

The Board has remanded the case for further development, including obtaining unit histories and verifying stressor events. The veteran's claims of service connection for residuals of frostbite of the feet and PTSD are pending.

The Board has determined that additional development is needed to obtain a line of duty determination and clarify the blood alcohol level from April 2000. The case will be returned for further action.