Traumatic brain injury (TBI) decisions — 2008

The Board has granted service connection for tinnitus, finding that the veteran's currently diagnosed bilateral tinnitus was incurred in active service due to noise exposure during his military service.,Service connection is also granted for pleomorphic adenoma with salivary gland acinar fragments, claimed as a gland/cyst/abscess. The Board found this condition related to service based on the veteran's reported history of treatment for swollen glands and throat discomfort in service.

The Board found that the veteran did not have a residual left foot disability, including any requiring a left leg amputation, due to an in-service cold injury or other disease or injury. The Board concluded that service connection could not be granted as there was no evidence of such a condition during service and no current disability related to service.

The Board has denied the veteran's claims for service connection for hepatitis C, residuals of frostbite to bilateral upper extremities, and residuals of frostbite to bilateral lower extremities. The evidence does not support a finding that these conditions are related to service.

The Board found that the veteran's claimed residuals of a cold injury (claimed as frostbite) to both feet were not etiologically related to service and denied his claim.

The Board has granted service connection for residuals of a craniotomy/cranioplasty, including headaches, bipolar disorder, traumatic brain injury with organic brain syndrome, and cognitive disorder. The veteran's conditions are deemed to be directly related to his in-service surgery.

The Board has determined that the veteran's claimed residuals of a cold injury (claimed as frostbite) to both feet were not incurred in or aggravated by active military service.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the veteran's service-connected disabilities, including his bilateral residuals of frostbite with arthritis and bilateral weak feet, contributed to his development of cardiovascular disease which caused his death. As such, the appeal for service connection for cause of death is granted.

The Board found that service connection for the cause of the veteran's death is not warranted due to lack of evidence of a diagnosed psychiatric condition, such as PTSD, related to active service. The appellant's claim for Dependent's Educational Assistance under Chapter 35 was also denied.

The veteran's service-connected disabilities are not shown to be of such a nature or severity to prevent him from obtaining or retaining substantially gainful employment.

The Board found that the veteran's hearing loss, tinnitus, and frostbite residuals were not incurred or aggravated by service. The evidence did not support a finding of current disability related to these conditions.

The Board has denied the veteran's claims for service connection for residuals of frostbite of the feet and for a total rating based on individual unemployability due to service-connected disability.

The Board has found that the veteran incurred residuals of frostbite of the feet in service and granted service connection for this condition.

The Board has denied the veteran's claims for service connection for bilateral leg pain as secondary to flat feet, frostbite of the feet, back disorder, and right eye disorder (powder burns). The evidence does not support a finding that these conditions are related to his military service.

The Board has remanded the case for additional development due to a Veterans Law Judge retiring from the Board.

The Board has remanded the case for a Travel Board hearing due to the veteran's request.

The Board has determined that the veteran does not have current disabilities related to his claimed right leg injury, back injury, or frostbite from service. The evidence does not support a finding of service connection for any of these conditions.

The veteran requested to withdraw his appeal regarding the reopening of a heart disorder claim and the entitlement to service connection for frostbite of the feet. The Board has dismissed the appeal as a result.

The Board found that the veteran's right hand disability, including frostbite and residuals of myasthenia gravis, did not meet the criteria for a higher rating than 40 percent.

The Board denied the veteran's claim for an earlier effective date for the grant of service connection for residuals of frostbite of the hands, finding that the May 2001 decision is final and legally precluded from being revised. The issue of service connection for osteoarthritis of the right hip was also addressed but no specific disposition was provided.