Traumatic brain injury (TBI) decisions — 2010

The Veteran's claims for service connection for residuals of frostbite to the right hand and foot are being remanded due to a need for additional development, including another VA examination.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development of evidence.

The Board has denied service connection for an acquired psychiatric disorder, to include PTSD. The Veteran's claims for bilateral hearing loss and tinnitus are pending as there is no evidence of current disability or a link between the conditions and service. Service connection for frostbite of the feet was also denied due to lack of continuity of symptoms since discharge.

The Veteran's claims for service connection for residuals of frostbite of the feet and bilateral knee disability, to include as secondary to residuals of frostbite of the feet, were denied. The Board found no current disabilities related to these conditions.

The Board finds that the Veteran does not have current residuals of frostbite to his feet, and therefore cannot establish service connection for this condition.

The Veteran's spondylotic changes of the lumbar spine were not incurred or aggravated by service, nor can it be presumed.,There is no evidence of a frostbite injury of the left and right lower extremities during service. The Veteran's current condition does not appear to be related to his military service.,The Veteran's peripheral neuropathy was not caused or permanently worsened by any service-connected disability.

The Board denied the Veteran's claims for increased ratings for his service-connected bilateral hearing loss, bilateral pronated feet with pes planus and other conditions, residuals of frostbite to both feet. The current evaluations are found to be appropriate based on the evidence.

The Veteran's service-connected diabetes mellitus with hypertension, cataracts and history of nonhemorrhagic stroke is granted. He also has a 20 percent evaluation for his diabetes. The Veteran does not have residuals from his traumatic brain injury or peripheral neuropathy that would warrant separate evaluations.

The Board has determined that the Veteran's left hand disability, which is a residual of poliomyelitis and aggravated by frostbite incurred during service, meets the criteria for service connection.

The Veteran's right ear hearing loss claim is denied as there is no evidence of a current disability meeting VA compensation criteria. The Veteran's frostbite injuries to the hands and feet are granted as incurred in active duty due to exposure to cold weather.

The Board has determined that the Veteran's tinnitus is related to his active service, and thus grants service connection for this condition. The claims for traumatic brain injury with headaches and blurred vision, residuals of right finger injury, and irritable bowel syndrome are remanded for further development.

The Board dismissed the appeal due to the death of the moving party, and thus has no jurisdiction to rule on this motion.

The evidence does not support the Veteran's claim for service connection for residuals of frostbite and peripheral vascular disease, as there is no medical evidence linking these conditions to his military service.

The Veteran's claim for TDIU is being remanded due to the need for a VA examination and consideration of his service-connected frostbite residuals.

The Board has determined that additional medical examinations and opinions are needed to properly adjudicate the Veteran's claims for service connection due to the complexity of her conditions and their potential relationship to her active duty service.

The Veteran's claim for an earlier effective date for frostbite service connection is denied as the RO has already assigned the earliest possible effective date provided by law.

The Board has determined that additional development is needed for the Veteran's claims, including VA examinations and a remand to the RO for issuance of an SOC regarding the increased rating for PTSD.

The Veteran's pituitary chromophobe adenoma with panhypopituitarism, sterility, headaches, and residuals of TBI with residual seizure are all rated at the maximum schedular evaluations. The Veteran does not meet criteria for a higher rating under any diagnostic codes.

The Board has ordered the case to be remanded for additional development, including providing VCAA notice and readjudicating the claim of reopening a service connection claim for residuals of frostbite of the feet.

The Veteran's service-connected disabilities, while significant, do not preclude him from obtaining and maintaining substantially gainful employment.