Traumatic brain injury (TBI) Board decisions

The Board has determined that there is no evidence of a formal or informal claim for the residuals of frostbite to both lower extremities filed prior to November 22, 2000. As such, an effective date earlier than November 22, 2000, for the grant of service connection for these residuals is not established.

The veteran's current foot and leg disabilities are due to occlusive arterial disease, not related to frostbite or other injury in service.

The Board has determined that there is no evidence of current frostbite or any residual disability resulting from service-connected frostbite. Therefore, the veteran's claims for service connection are denied.

The Board denied the veteran's claims for service connection for various conditions, including frostbite of the hands and feet, hypertension, a right shoulder disability, a back disability, bilateral knee disabilities, pes planus, residuals of a foot fracture, tailbone disability, diabetes mellitus, and glaucoma. The decision was based on the conclusion that new and material evidence had not been received to reopen the claim for frostbite of the hands and feet, and that these conditions were not incurred in service or due to any other service-connected condition.

The Board has granted service connection for hearing loss. The increased evaluation claims for residuals of frozen feet and frostbite are pending as the status is unknown.

The Board finds that the veteran does not have any residuals of cold injury related to his military service and therefore denies the claim for service connection. The veteran's metatarsal callous is currently rated as 10% disabling, and there is no basis for a higher rating.

The veteran's claims for service connection for disability of the eyes, hearing loss, residuals of a frostbite injury, left hip condition, and asthma have all been denied. The Board is unable to make a determination on these claims as there are no effective dates provided in the decision.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current foot disorders, including whether they are related to service.

The Board has determined that the veteran's service-connected residuals of frostbite to his feet did not cause or contribute substantially or materially to his death, which was due to hepatitis C and liver cancer.

The veteran is entitled to presumptive service connection for certain diseases based on his status as a former prisoner of war, provided he was interned or detained for at least 30 days.

The Board denied all claims for service connection, finding no new and material evidence to reopen the right eye injury residuals claim. The other claims were also denied as there was insufficient evidence linking the disabilities to service.

The veteran's appeal involves multiple issues including service connection for a heart condition, PTSD evaluation, pes planus evaluation, and hearing loss. The Board has determined that these claims must be remanded due to procedural errors.

The veteran is seeking a TDIU based on his service-connected frostbite of the feet. The RO has granted service connection for this condition, but the combined rating does not meet the criteria for a TDIU under VA regulations. The case is being referred to the Director of Compensation and Pension Service for consideration of an extraschedular TDIU.

The Board denied the veteran's claims for service connection for residuals of frostbite to the hands and ischemic heart disease, finding that there was no reasonable basis to set aside the determination that he did not meet the legal criteria for recognition as a former prisoner of war (POW) for VA purposes. The presumptive provisions under 38 U.S.C.A. § 1112(b) and 38 C.F.R. § 3.309(c) were therefore inapplicable.

The Board has remanded the case for additional development, including obtaining medical records and providing an opinion on the nature and etiology of the veteran's disabilities. The issues include service connection for cause of death and accrued benefits for residuals of frostbite in the lower extremities.

The veteran's claim for service connection for residuals of frostbite of the hands and feet, diabetes as secondary to frostbite, and arthritis as secondary to frostbite is granted.

The Board denied the veteran's claims for service connection for frostbite residuals of the right third finger, and denied compensable disability ratings for pes planus and contact dermatitis.

The Board has determined that the veteran does not have service connection for any of his claimed conditions, including hypertension, back injury residuals, intestinal problems, and frostbite (claimed as peripheral neuropathy).

The VA has denied a higher disability rating for the veteran's frostbite of the left hand, as it does not meet the criteria for a 30% evaluation due to lack of loss of fingers or parts.

The Board has determined that the veteran's service-connected frostbite and related conditions contributed to his cause of death, which was aspiration pneumonia. The claim is granted.