Traumatic brain injury (TBI) decisions — 2008

The veteran's appeal is remanded due to the need for a VA examination to assess the current severity of his residuals of traumatic brain injury, including memory loss, alteration of speech, and sense of smell. The RO should also determine if an extra-schedular evaluation is warranted.

The Board has remanded the claim for service connection for toenail fungus and tinea pedis to the RO via the Appeals Management Center (AMC) in Washington, DC. The veteran's claim for service connection for frostbite of the feet remains pending with a final denial from December 1990.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling examinations to assess the severity of the veteran's service-connected conditions.

The veteran's claims for service connection and increased evaluations have been granted. He is now assigned a 10% evaluation for his right elbow disability, which includes ulnar neuropathy.

The Board has denied the veteran's claims for service connection for frostbite of the feet and a skin rash, finding that there is no evidence to support these conditions during his active duty.

The veteran's claims for increased ratings and service connection were denied. The VA found that the evidence did not meet the criteria for higher disability evaluations or service connection.

The veteran's residuals of cold injuries to the right and left hands are found to be related to service, resulting in a grant of service connection for these conditions.

The Board has determined that the veteran does not have residuals of frostbite of the feet or tinnitus due to service. The claim for a compensable initial disability rating for bilateral hearing loss remains pending.

The Board has determined that there is no current diagnosis of frostbite to the feet and finds that the veteran's right and left foot conditions are not related to service, including any cold injury during service. As a result, the claim for service connection for frostbite of the feet is denied.

The Board has denied the veteran's claims for service connection for various conditions, finding that new and material evidence was not submitted to reopen these previously denied claims.

The Board has denied the veteran's claims for service connection for left foot frostbite and colon cancer, finding no evidence of a current disability related to active military service.

The VA denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as his combined disability rating is 80%, which meets the minimum schedular criteria but does not meet the requirement of preventing him from obtaining or retaining substantially gainful employment.

The Board is remanding the case for further development, including obtaining service medical records and a VA examination to determine if the veteran's arthritis was related to his service.