Traumatic brain injury (TBI) decisions — 2007

The Board has determined that the veteran does not have current disabilities of residuals of frostbite to the right and left feet or a bilateral hip disability, and therefore service connection is denied for both conditions.

The Board denied the veteran's claims for service connection for frostbite of the left hand, back disability, and a psychiatric disability due to lack of evidence showing current disabilities or a causal link to military service.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant.

The Board found that the veteran does not currently suffer from any disability of the hands related to in-service exposure to cold, nor is any current disability of the hands otherwise related to the veteran's active duty service.

The Board has remanded the case for further development regarding the veteran's residuals of right foot frostbite and a compensable rating for residuals of a right ring finger disability. The issues of increased ratings for left foot frostbite remain before the Board.

The veteran's preexisting bilateral hearing loss was not aggravated by active military service.,There is no evidence of chronic residuals of frostbite of the feet during or after his period of active military service.

The veteran's claims for increased ratings were denied as there is no factually ascertainable evidence demonstrating an increase in disability occurred prior to April 1, 2002.,The veteran's claims for increased ratings were denied as there is no factually ascertainable evidence demonstrating an increase in disability occurred prior to April 1, 2002.,The veteran's claims for increased ratings were denied as there is no factually ascertainable evidence demonstrating an increase in disability occurred prior to April 1, 2002.

The Board found that the veteran's current disabilities are due to injuries sustained in a motor vehicle accident during service, which was caused by his willful misconduct. The claim for service connection is denied.

The Board has determined that the veteran's service-connected disabilities, including post-traumatic stress disorder and other conditions, did not result in unemployability prior to April 21, 2000. As such, the effective date for TDIU is denied.

The Board denied all service connection claims, finding that the veteran's claimed disabilities were not incurred or aggravated by his active duty service.

The Board found no evidence of frostbite of the left ear in service and denied both the claim for frostbite of the left ear and the claim for a dental disorder.

The veteran's claims for earlier effective dates for service connection of his bilateral foot disabilities were denied as there was no indication of a claim prior to February 27, 2003.

The Board has granted service connection for residuals of frostbite/cold injuries of the feet and hands, gout, and hypertension. The claim for diabetes mellitus is denied as it cannot be presumed to have been incurred in service due to lack of evidence showing exposure to herbicides in Korea.

The veteran's appeal was granted, restoring his 70 percent rating for residuals of a traumatic brain injury effective from February 1, 2003.,A 100 percent rating is also granted for the period since November 15, 2005.

The Board has determined that the veteran does not have a lung condition, back or knee conditions, or frostbite of the feet that are attributable to his military service. As such, his claims for these conditions must be denied.

The veteran's service-connected disabilities, including frostbite of the feet and hands, as well as onychomycosis (fungus) of the ears, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on this finding.

The veteran's claims for hiatal hernia, diverticulitis, elbow disability, eye disability, heart condition, and prostate disability due to VA treatment are all denied.,The veteran's claim of entitlement to service connection for frostbite of the feet is not reopened.

The Board denied the veteran's claims for service connection for residuals of frostbite to both hands and feet, as well as arthritis as a residual of a cold weather injury. The evidence did not establish current diagnoses or a link between these conditions and service.

The Board has denied the veteran's claims for service connection for residuals of hepatitis, residuals of frostbite, and degenerative arthritis of the knees due to lack of evidence showing a current disability related to military service.

The Board has reopened the veteran's claim for service connection of chest and arm injuries, frostbite in both feet, and a left leg injury. The evidence shows current residuals from these conditions but does not establish their direct link to service.