Traumatic brain injury (TBI) decisions — 2008

The Board found that the veteran's request for waiver of the overpayment was not timely filed, and thus denied it. The creation of the overpayment was deemed proper due to VA's error in adjusting SSA benefits.

The Board has determined that the veteran does not have current disabilities for which service connection can be granted, including left and right carpal tunnel syndrome, residuals of frostbite of the right hand, bilateral knee arthritis, or bilateral ankle arthritis.

The veteran's claim for payment of expenses incurred at a non-VA facility on December 5, 2006 is being remanded due to the need for additional records and information regarding the factual circumstances surrounding the mauling.

The veteran's claim for service connection for residuals of frostbite to the hands is being remanded due to the need for a VA examination to determine if his current hand condition is related to his military service.

The Board is remanding the claim for service connection for frostbite of the feet to the RO via the Appeals Management Center (AMC) in Washington, DC, for further development and consideration. The other claims for pneumonia and an eye disorder are denied.

The veteran's service-connected disabilities of the bilateral feet limit his ability to walk far, participate in activities of daily living that require walking, and drive safely. The Board finds that these conditions meet the criteria for loss of use of the feet as defined by VA regulations, granting financial assistance for an adapted automobile.

The veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board denied the veteran's claim for service connection for residuals of frostbite of the hands and feet due to a lack of current disability evidence.

The Board denied service connection for tinnitus and REMANDED the claim of frostbite of the lower extremities to the RO.

The Board has remanded the case for additional development, including obtaining private medical records and arranging for a VA examination.

The Board denied the veteran's claims for service connection for cluster headaches, hypertension, peptic ulcer disease (PUD), benign thymic cyst with hemorrhage, frostbite residuals, and anxiety. The conditions were not present in service or related to service.

The Board has denied the veteran's claims for service connection for pes planus/plantar fasciitis of the feet and ratings in excess of 10 percent and 20 percent, respectively, for residuals of cold injury to both feet. The veteran does not have a current diagnosis of pes planus or plantar fasciitis, nor is there any evidence that these conditions are related to service-connected frostbite.

The veteran's multiple service-connected disabilities, including PTSD, frostbite of the feet, cold injury residuals of the hands, and bilateral hearing loss, meet the schedular requirements for TDIU. The VA examiner concluded that these conditions preclude him from obtaining or maintaining gainful employment consistent with his education and occupational experience.

The Board has reopened the veteran's claim of service connection for frostbite residuals of the feet, but denied the claim on the merits as there is no evidence that he incurred such a condition during his active military service.

The Board has determined that additional development is needed to verify the veteran's periods of active duty, active duty for training, and inactive duty for training. Once this information is verified, a VA examination will be scheduled to determine if the veteran currently has bilateral residuals of frostbite of the lower extremities.

The Board has dismissed the appeals for service connection of residuals of frostbite of bilateral lower extremities and post traumatic stress disorder due to the appellant's withdrawal. The veteran's hearing loss disability is rated as noncompensable since May 24, 2006, and a compensable rating (10%) is assigned starting from May 27, 2008.

The Board has determined that the veteran does not have a current disability for which service connection can be granted, specifically bilateral hearing loss and tinnitus. The claims for squamous cell carcinoma and frostbite residuals of both feet are also denied.

The Board has denied the veteran's claims for service connection for PTSD and headaches as a residual of head injury and residuals of frostbite. The case is being remanded to obtain additional medical records, clarify diagnoses, and determine if there is a link between current symptoms and in-service stressors.

The Board has denied the veteran's claims for service connection for numbness in the feet, gynecological condition (genital warts with breakthrough bleeding), residuals of frostbite to the left ear, and residual cysts on the ears. The Board also found that she does not have a current disability manifested by lumbar strain, bilateral knee disorder, or bilateral shin splints due to service.

The Board has determined that the veteran's bilateral foot disability, due to frostbite sustained during service, is service-connected. The claim for PTSD was denied as there were no verified in-service stressors.