Traumatic brain injury (TBI) decisions — 2009

The Board has denied the Veteran's claims for earlier effective dates for service connection due to lack of a prior claim being filed.

The Veteran's left shoulder dislocation is established as service-connected. The claim for residuals of frostbite was reopened, but the Board finds that new and material evidence has not been submitted to substantiate this claim.

The Board has granted the Veteran's claim of service connection for residuals of frostbite to the hands, finding that exposure to cold weather in service likely caused these symptoms.

The Board has denied the claim for DIC benefits as there is no legal basis for the claim or undisputed facts rendering the appellant ineligible.

The Board has remanded the case for additional development due to clarification of where the Veteran's claimed frostbite injury took place. The AOJ is instructed to obtain service department records and weather data from Fort Dix, New Jersey, and conduct a VA examination if necessary.

The Board has remanded the Veteran's claim for additional evidentiary development, including a VA examination to ascertain the nature and etiology of any and all neurological disabilities, to include headaches and traumatic brain injury (TBI), and their relationship to service, if any.

The Board has remanded the case due to inadequate VCAA notice and for additional development.

The Board affirmed the severance of service connection for frostbite and peripheral neuropathy, but denied service connection for a lumbosacral spine disability. The Veteran's claim for severance was based on clear and unmistakable error (CUE) in granting service connection.

The Board finds that the Veteran does not have chronic residuals of frostbite of both feet and hands, or a toenail disability related to his military service. The evidence does not support a finding of such disabilities.

The Board has determined that the Veteran's Graves' disease had its onset during active military service and is granted service connection for this condition. The issue of residuals of a traumatic brain injury is remanded for further development.

The Veteran's death was not caused by any of his service-connected conditions, and he did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Board found that the Veteran did not meet the criteria for service connection for bilateral hearing loss, hypertension, residuals of frostbite, or PTSD due to lack of evidence showing these conditions were incurred in or aggravated by military service.

The Board found that the overpayment of VA improved pension benefits for the period of November 1, 1993 through June 1, 1994 was not properly created due to VA administrative error. The appeal is granted based on this finding.

The Board has determined that additional development is needed to properly assess the Veteran's claims, including obtaining service treatment records and Social Security Administration disability benefits information. The Veteran should be afforded a VA examination for his hearing loss and tinnitus.

The Board found that new and material evidence had not been received to reopen the Veteran's claim for service connection for residuals of frostbite of the feet, as the additional evidence did not raise a reasonable possibility of substantiating the claim.

The Board has denied the reopening of the Veteran's claims for service connection for hypertension and residuals of frostbite of the feet, finding that new and material evidence was not received to reopen either claim. The issues remain unresolved.

The Veteran asserts that he developed frostbite while serving in Korea and was hospitalized for this condition. He now claims residual symptoms of numbness in his feet. The Board finds additional medical development is required to determine the current status of his foot problems.

The Board found that the Veteran's service-connected residuals of frostbite did not cause his death, and thus denied the claim for service connection for the cause of death.

The Board denied the Veteran's claims for service connection for PTSD and residuals of frostbite, finding that new and material evidence had not been submitted to reopen the PTSD claim and that there was no competent evidence linking the claimed conditions to active military service.

The Board has determined that the Veteran's death was caused by his service-connected cold injuries, which resulted in chronic peripheral vascular disease.