Traumatic brain injury (TBI) decisions — 2008

The Board has determined that there is no evidence of residuals of cold injury (frostbite) to the veteran's upper or lower extremities, and thus service connection for these conditions cannot be granted.

The Board found no evidence of a causal relationship between the veteran's current residuals of frostbite of the feet and service, as there was no medical evidence showing such connection within one year following service.

The Board has determined that an earlier effective date of April 1, 2001, but no earlier, is warranted for the veteran's grant of a 10 percent evaluation for residuals of frostbite of the right hand and fingers. The same effective date applies to his claim for residuals of frostbite of the left hand and fingers.

The Board found that the veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, and thus denied his claim for TDIU.

The Board remands the claim for a VA examination to determine if the veteran's current foot disorder is related to claimed frostbite during military service.

The Board has determined that the veteran does not have malaria, a shrapnel wound of the left thigh, beriberi with edema, arthritis, frostbite, or a disability manifested by coughs, colds, and fever attributable to his period of military service.

The veteran's combined disability rating for all service-connected disabilities was properly calculated as 50 percent, and he is not entitled to a higher combined rating by operation of law.

The appeal is remanded for additional development, including a search for alternative service treatment records and an updated VA examination.

The Board granted service connection for residuals of frostbite of the right hand and feet, finding that the veteran's current conditions are at least as likely as not due to in-service exposure to extreme cold weather.

The Board denied service connection for residuals of frostbite of the right index finger, arthritis, and a compensable evaluation for bilateral inguinal hernia repairs.

The Board found that the veteran's service-connected disabilities, including PTSD and frostbite residuals in the hands and feet, did not cause or contribute substantially to his death.

The Board granted service connection for residuals of frostbite of the hands and reopened claims for arteriosclerotic coronary artery disease, lung disorder, and disability manifested by hypoglycemia. The claim for hypertension was denied.

The Board found that new and material evidence had been received to reopen the right shoulder claim, but additional development is required to address the merits of the underlying service connection claim. The low back claim was also remanded for further development.

The veteran's service-connected disabilities preclude him from performing gainful employment for which his education and occupational experience would otherwise qualify him.

The Board denied the veteran's claims for service connection of frostbite, syphilis, rheumatoid arthritis, lumbar and cervical spine disabilities, tinea pedis, and tinea cruris as there is no competent evidence to support a finding that these conditions are related to his military service.

The veteran's claims for service connection for frostbite and fungus of the feet, as well as post-traumatic stress disorder (PTSD), are being remanded for further development.

The Board denied service connection for the cause of the veteran's death, an increased rating for a left lower lobectomy, and service connection for residuals of cold injury (frostbite).

The veteran's claims for service connection for peripheral neuropathy and arthritis, claimed as residuals of cold injuries, are being remanded to the RO via the Appeals Management Center (AMC) for further development.

The Board denied the veteran's claims for initial ratings in excess of 10 percent for his service-connected disabilities, except for a 20 percent rating for frostbite residuals of the nose and forehead and left ear from October 3, 2005.

The veteran's claim for an earlier effective date for the grant of increased evaluations for residuals of frostbite of the hands, feet, and ears was denied as there is no evidence that a factually ascertainable increase in disability occurred within one year prior to June 4, 2004.