Traumatic brain injury (TBI) decisions — 2009

The Board denied service connection for a right shoulder disorder, a right lower extremity disorder, a back disorder, and a chest disorder as there is no evidence of chronic disability in these areas.

The Veteran's claims for increased ratings and service connection were denied as the evidence did not support higher ratings or additional service-connected disabilities.

The appeal is remanded to the RO for an appropriate VA examination to determine the impact of the Veteran's service-connected disabilities on his employability.

The Board denied service connection for post-traumatic stress disorder, diabetes mellitus, type II, hypertension, peripheral neuropathy of the upper and lower extremities, erectile dysfunction, cataracts, residuals of a cold injury, tinnitus, dental disorder, and left leg disorder as there was no evidence to support a diagnosis or link to service.

The Veteran's PTSD was rated at 30 percent from June 3, 2004 to February 5, 2007 and increased to 50 percent thereafter due to worsening symptoms.

The appeal is remanded to secure outstanding treatment records and schedule a VA examination for the Veteran's service-connected residuals of frostbite of his left and right feet.

The appeal was denied as the evidence did not support service connection for PTSD, bilateral hearing loss, tinnitus, frostbite or trench foot of both lower extremities, an eye disorder, and a duodenal ulcer.

The Board denied service connection for frostbite of the legs, frostbite of the left hand, degenerative joint disease of the hands (claimed as arthritis secondary to frostbite), back disorder, right carpal tunnel syndrome (claimed as arms condition secondary to frostbite), diffuse calcification, peripheral vascular disease, of the left radial and ulnar arteries (claimed as arms condition and circulatory problems secondary to frostbite), peripheral vascular disease of the legs (claimed as circulatory problems secondary to frostbite), and calcaneal spurs, degenerative joint disease, of the feet (claimed as secondary to frostbite).

The Veteran's lumbar spine disability was not found to warrant a rating in excess of 40 percent, and he was also denied a total disability rating based on individual unemployability.

The Board denied the Veteran's claims for service connection for frostbite residuals of the upper and lower extremities, a back disability, and left ear hearing loss as there was no evidence of current disabilities related to his military service.

The Veteran's residuals of frostbite to both lower extremities were rated at 30 percent, effective July 12, 2005; the ratings for each leg remained at 20 percent prior to that date.

The Board denied the Veteran's claims for service connection for tinnitus, residuals of frostbite of the left big toe, diabetes mellitus, and coronary artery disease, status post bypass graft. The Veteran was also denied an initial compensable evaluation for bilateral hearing loss.

The appeal is remanded to the RO for further development of the record, including obtaining SSA disability determination records.

The Board denied service connection for the residuals of frostbite and amputation of the middle finger of the right hand as they were not shown to be causally related to the veteran's period of active military service.

The veteran's application to reopen his claim for service connection for residuals of a cold injury, to include frostbite of the feet, was denied because new and material evidence had not been received.

The Board denied the applications to reopen the claims of service connection for a left eye disability, left knee disability and residuals of frostbite as new and material evidence was not presented.

The veteran's claims for increased initial evaluation and earlier effective dates were denied as the evidence did not support a higher rating or an earlier effective date.

The Board granted service connection for the residuals of frostbite to the ears, nose, hands, feet, and toes based on evidence showing current disability, in-service treatment, and a causal relationship between the in-service injury and post-service symptoms.

The Board denied service connection for residuals of frostbite of the feet due to a lack of evidence linking current foot disabilities to an in-service injury.

The veteran was granted initial disability evaluations of 20 percent for frostbite residuals of both lower extremities and 10 percent for instability of each ankle, effective July 31, 2006.