Traumatic brain injury (TBI) decisions — 2009

The VA determined that there is no evidence linking the Veteran's current frostbite residuals to his active military service, and thus denied his claim for service connection.

The Board has determined that the Veteran's service connection claims for residuals of frostbite of the hands and feet are granted.

The Veteran's appeal is being remanded for a Travel Board Hearing. The issues of service connection for various conditions are pending.

The Board has determined that the Veteran's diagnosed lumbar strain had its onset during active service and granted her claim for service connection.

The Veteran seeks service connection for residuals of frostbite of the feet. The Board is remanding the case to obtain additional evidence and determine if the Veteran was treated for frostbite while stationed in Germany.

The Board denied service connection for a right knee disorder as secondary to service-connected pes planus, and denied entitlement to increased ratings for bilateral pes planus. The Veteran's claims of frostbite of both feet, right leg condition, and onychomycosis were not addressed in the decision.

The Board has reopened the claims for service connection for a psychiatric disorder, ulcer disease, and low back disability due to new evidence received from the service department. The claims are granted.

The Veteran's claim for service connection for residuals of a cold weather injury (frostbite) of the feet was denied as there is no evidence showing that he incurred such an injury during his active duty or ACDUTRA.

The Veteran's claim for service connection for residuals of frostbite to the feet was denied as there is no evidence that his current foot problems are related to any incident or event in active service, even assuming he sustained a frostbite injury during service.

The Board has determined that the Veteran's residuals of a head injury, including a traumatic brain injury with cognitive dysfunction, were incurred in active service.

The Veteran's claim for an earlier effective date for a 100% rating for service-connected cognitive disorder secondary to traumatic brain injury is denied. The earliest date of claim found was March 30, 1998.

The Veteran's TDIU claim is being remanded due to the need for clarification on whether he has ALS, which could affect his service connection claim. The service connection claim for ALS is also being remanded.

The Veteran's service connection claim for frostbite and peripheral neuropathy of the lower extremities is granted.

The Board found that the Veteran's currently diagnosed right and left feet conditions are not related to his service, specifically frostbite. The preponderance of evidence does not support a finding in favor of service connection.

The Veteran's claim for an extension of educational assistance benefits beyond the initial 10-year period has been granted, as her service-connected traumatic brain injury and associated post-concussive headaches prevented her from participating in her chosen program of education within the applicable eligibility period.

The Board has assigned an effective date of May 18, 1951 for the grant of service connection for residuals of frostbite of the hands and feet. The disability rating is set at 10 percent from May 18, 1951 to January 11, 1998.

The Board finds that the Veteran's account of an RPG attack on his tank during service is consistent with the circumstances, conditions, or hardships of his combat service in Iraq. The Veteran was diagnosed with TBI shortly after discharge from service, and the medical evidence supports a nexus between the in-service injury and current disability. Therefore, service connection for traumatic brain injury is granted.

The Board found that there is no evidence of frostbite residuals due to in-service cold injury for any part of the Veteran's hands or feet. Therefore, service connection for these conditions was denied.

The Veteran's service connection claim for residuals of frostbite to the feet is granted as his current condition is found to be directly related to his military service in Korea.

The Board dismissed the veteran's appeal for service connection for foot fungus, frostbite to the hands, skin rash of the groin, and excision of growths on the back, face and neck as he withdrew his appeal.