Traumatic brain injury (TBI) decisions — 2008

The Board denied the veteran's claims for service connection for residuals of frostbite to both feet, residuals of shell fragment wound to the right leg, and a left shoulder disorder.

The Board found that new and material evidence was submitted to reopen the claim for service connection for residuals of frostbite of the hands, but ultimately denied service connection.

The Board found no evidence of any disabilities from frostbite to the upper and lower extremities that were incurred in or aggravated by service, including as due to cold weather exposure during active service. The veteran's claims for service connection were denied.

The veteran's appeal is being remanded due to the need for additional evidence, specifically records related to his receipt of Social Security Administration benefits.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is being remanded for further development, including an examination to assess his employability and the impact of his service-connected conditions.

The Board denied entitlement to service connection for gout as secondary to frostbite residuals of the feet, and denied entitlement to compensable disability evaluations for frostbite residuals of both the right and left feet. The veteran's foot complaints are consistent with diabetic neuropathy rather than frostbite residuals.

The Board has determined that the veteran does not have current disability identified as the residuals of frostbite of either foot, and therefore service connection cannot be granted.

The Board found that the veteran's Raynaud's disease and peripheral neuropathy were not incurred in service, and denied both claims. The hypertension claim was also denied as it did not manifest within one year of separation from service.

The veteran's claims for service connection are being remanded due to the absence of her service medical records and failure to provide VCAA notice. The RO is instructed to obtain these records, issue proper VCAA notifications, and then readjudicate the claims.

The veteran's claims for service connection for PTSD and frostbite residuals were granted. The dental disability claim is pending.

The Board denied the veteran's claims of entitlement to service connection for hypertension, residuals of frostbite of the feet, residuals of malaria, arthritis and migraine headaches. The evidence received since the previous decisions did not relate to an unestablished fact necessary to substantiate these claims.

The Board has determined that the veteran does not have residuals of frostbite of the hands or a right foot injury, and his claims for service connection are denied.

The Board denied the veteran's claim for service connection for residuals of frostbite and amputation of the left foot, finding that it was less likely than not that the amputation was caused by a cold injury during military service.

The veteran's appeal for service connection of frostbite residuals was dismissed as the appellant requested withdrawal of his appeal.

The veteran is seeking service connection for frostbite of both feet. The Board has determined that further development, including a medical examination, is needed to determine the nature and etiology of any current foot disabilities and whether they are related to active duty.

The veteran's claim for a higher rating for his service-connected frostbite of the right little finger was granted, with a 10% disability rating effective January 12, 2005. The appeal is not about service connection but rather an increase in compensation.

The Board has determined that there is no evidence of current disabilities for the veteran's claimed conditions, and thus service connection cannot be granted.

The veteran's traumatic brain injury does not meet the criteria for non-service-connected disability pension benefits or special monthly pension based on need for aid and attendance.

The Board has granted an initial rating of 20 percent for residuals of frostbite involving both feet and hands, effective from August 1996. The veteran's hearing loss in the left ear is rated as Level I (mild) and his low back strain is rated at 10 percent.

The veteran's claims for service connection have been denied as new and material evidence has not been submitted to reopen the claims. The RO found that none of his claimed conditions either occurred in or were caused by service.