Traumatic brain injury (TBI) decisions — 2009

The Board has determined that the Veteran does not have current disabilities of his feet, legs, nose, right hand, or first, second, or third fingers of the left hand resulting from cold exposure while in service. The medical evidence also fails to link the Veteran's peripheral neuropathy of his left leg to an injury incurred in service.

The Veteran's fatal cardiomyopathy is not service-connected, and the Board finds that it neither caused nor contributed substantially or materially to his death.

The Veteran's claim for service connection for PTSD, hearing loss, tinnitus, and frostbite of the hands and feet was denied. The Board found that there is no evidence to support a diagnosis of PTSD.

The Veteran is seeking service connection for a left eye injury, which he claims was caused by traumatic brain injury sustained during active duty. The Board has determined that further development is needed to determine the nature and etiology of any such injuries.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and conducting a vascular examination.

The Veteran's service connection claims for residuals of frostbite to the hands and feet, bilateral hearing loss, and tinnitus are denied as there is no competent or credible evidence of current disabilities related to these conditions.

The Veteran's service-connected PTSD contributed to his fatal coronary artery disease, which was the cause of death. The appellant is granted DIC benefits under 38 U.S.C.A. § 1310 and denied accrued benefits due to lack of pending claims at the time of death.

The Veteran's service-connected disabilities, including PTSD and frostbite residuals of the lower extremities, do not render him unemployable due to their severity.

The Veteran's claims for higher initial evaluations and service connection were denied. The conditions claimed, including hemorrhoids, parotid calculus and lump on the left cheek, skin condition of the hands, bronchitis, laryngitis, frostbite of the feet and hands, otitis media, compression neuropathy of the left side, bilateral knee pain and fluid, allergic reaction to a typhoid shot (chronic rhinitis), and exposure to ethylene and nitrous oxide gases were not found to be service-connected or warrant higher initial evaluations.

The Board denied the Veteran's claims for service connection for bilateral tinnitus, defective hearing, TBI with loss of memory and concentration, and lung disorder due to smoking. The appeals were based on direct service connection.

The Board denied the Veteran's claims of service connection for various conditions, including TBI and schizophrenia, as new and material evidence had not been received to reopen these claims. The claim for an eye disability was also denied.

The Veteran's claim for service connection for residuals of frostbite and essential tremor was denied. The Board found that the Veteran did not have a chronic foot condition caused or aggravated by service, and his current tremor disorder is more likely due to peripheral artery disease and degenerative joint disease.

The Board finds that the Veteran does not have a current diagnosis of residuals of frostbite and there is no evidence to support service connection for this condition.

The Veteran's claims for service connection for residuals of cold injury (frostbite) to his right and left lower extremities, as well as a right knee condition, were denied.,There is no credible evidence linking the Veteran's current conditions to his military service.

The Veteran's claim for a TDIU rating is being remanded due to the need for additional development, including an examination to assess his employability given his service-connected disabilities.

The Veteran's service-connected disabilities do not combine to preclude substantially gainful employment.

The Board has denied the Veteran's claims for service connection for residuals of left upper extremity frostbite, right upper extremity frostbite, left lower extremity frostbite, and right lower extremity frostbite. The Veteran also had a claim for headaches and anxiety neurosis (claimed as an anxiety disorder), but these were not granted either.

The Board denied service connection for bilateral hearing loss and residuals of frostbite to the fingers, finding that there was no evidence linking these conditions to service or post-service exposure. The Veteran's current hearing loss was attributed to post-service acoustic trauma, while his claimed frostbite residuals were not supported by medical evidence.

The Veteran's claim for an earlier effective date for the grant of service connection for frostbite of the hands, feet and ears is dismissed.,The Veteran's claim for an earlier effective date for a compensable evaluation for hypertensive cardiovascular disease with left ventricular hypertrophy and hypertension is dismissed.,The Veteran's claim for an earlier effective date for the award of a TDIU is dismissed.