Traumatic brain injury (TBI) decisions — 2009

The Board found that the Veteran's claim for service connection for residuals of frostbite of the left foot was not supported by competent medical evidence and denied the claim.

The Board has ordered further development of the issues of entitlement to service connection for frostbite of the feet and residuals of cervical radiculopathy. The claim of service connection for tremors of the lower extremities is deferred until such time as a VA examination can be scheduled.

The Veteran was exposed to extreme cold during service and currently has cold injury residuals of the upper and lower extremities. The Board finds that these conditions are related to his in-service exposure, granting service connection for cold injury residuals to the upper and lower extremities.

The Veteran's service-connected disabilities prevent him from performing functions of self-care and may render him unable to protect himself from hazards or dangers incident to his daily environment. The examination is needed to determine if he requires assistance in bathing, tending to hygiene needs, and whether he is substantially confined to his dwelling.

The Board denied the Veteran's claims for increased ratings for his traumatic brain injury, finding that the current evaluations did not accurately reflect the severity of his condition.

The Board denied service connection for residuals of a head injury and residuals of frostbite of the hands in July 2006. The Veteran's claims are now remanded to reopen these issues.,Right ear hearing loss was denied as not related to service, but the claim is reopened due to new evidence.

The Board found that the Veteran's claimed residuals of frostbite, fingers on both hands, did not manifest during service or for many years thereafter and are not otherwise related to such service.

The Board has granted service connection for the Veteran's residuals of frostbite, right foot, including mild peripheral neuritis, onychomycosis involving the great toenail, and residual cold hypersensitivity, right foot.

The Veteran's claims for service connection for frostbite residuals were denied as the evidence did not show a relationship to his military service.

The Board denied the Veteran's claims for service connection for frostbite of both hands, frostbite of both feet, and a right arm disorder secondary to a dog bite. The evidence did not support these claims as there was no current diagnosis related to the claimed conditions.

The Veteran's cause of death was not service-connected, and the criteria for DIC benefits pursuant to 38 U.S.C.A. § 1318 were not met.

The Board has denied the Veteran's claims for service connection for prostate disability, heart disability (sinus bradycardia, atrioventricular block and right bundle branch block), arthritis, a disability of the hands and feet, to include residuals of frostbite, bilateral eye disability, tinnitus, and bilateral leg disability. The Board found no relationship between these conditions and military service.

The Veteran's service-connected disabilities do not, singly or in combination, preclude him from obtaining and maintaining substantially gainful employment.

The Board denied service connection for dermatophytosis of the right foot, residuals of frostbite to include infection of toenails, and an acquired psychiatric disorder including depressive disorder, not otherwise specified. The Veteran's dermatophytosis was found not related to service or a service-connected condition. Residuals of frostbite were also found not related to service or a service-connected condition. The Board concluded that the Veteran's psychiatric disorder is not related to his service-connected rhinosinusitis.

The Board has reopened the claims for service connection for frostbite of the feet and bronchial condition, but denied both on the merits. The Veteran's hearing loss is rated as noncompensable.

The Board has reopened the Veteran's claim for service connection for residuals of frostbite due to new and material evidence. The issue is now on its merits, but it remains unclear whether the Veteran can establish service connection as his treating physician's statement suggests he did not have a pre-existing condition prior to service.

The Board has determined that the Veteran's left shoulder and back disabilities are service-connected, as they were incurred during his active duty. The TBI claim is also granted, with conflicting medical evidence regarding current residuals.

The Veteran's claims for service connection for a cervical spine disability, traumatic brain injury, headaches, and tinnitus are denied as there is no credible evidence of these conditions during or within one year after service.

The Board has determined that service connection is not warranted for cold injury residuals of the feet and ankles, as there is no objective evidence of such residuals in service or within one year following discharge.

The Veteran's bilateral hearing loss, residuals of frostbite of the feet, and nasal fracture are all found to be due to service. The Board grants these claims.