Traumatic brain injury (TBI) Board decisions

The Board has granted a 30 percent evaluation for the veteran's service-connected residuals of frostbite in both hands and right hand with arthritis, first metacarpophalangeal joint, effective from January 12, 1998. The left hand with arthritis, first metacarpophalangeal joint is also rated at 30 percent.

The Board has determined that the veteran's coronary artery disease and residuals of frostbite of the hands and feet were not incurred in or aggravated by military service, nor may they be presumed to have been incurred in service. As such, both claims for service connection are denied.

The Board has remanded the case for additional development due to failure to comply with previous remand orders and to inform the veteran of alternative forms of evidence he can submit to substantiate his claim.

The veteran's service-connected frostbite disability was rated at 30% for both legs and feet, effective September 17, 2000. The Board denied earlier effective dates for these ratings.

The VA has denied the veteran's claims of service connection for residuals of frostbite of the feet and pes planus, finding no evidence of a current disability related to these conditions.

The veteran's service-connected disabilities, including PTSD, frostbite residuals, defective hearing, and tinnitus, render him unable to work due to his mental health condition and physical impairments. The Board has granted a TDIU based on these factors.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death from ischemic cardiomyopathy.

The Board has granted a 30 percent evaluation for the veteran's residuals of frostbite of the right foot, which is the maximum available under Diagnostic Code 7122.

The Board has reopened the veteran's claim for service connection for frostbite or cold injury of the hands and feet, and granted service connection for peripheral neuropathy as a residual of cold injury. The decision is based on new evidence submitted by the veteran.

The Board found that the veteran's traumatic brain injury was not incurred in the line of duty due to his operation of a motorcycle while under the influence of alcohol, which is considered willful misconduct.

The Board found that the veteran did not submit a notice of disagreement within one year of notification of an October 1991 RO rating decision denying service connection for various conditions. The evidence received since then was not new and material, thus the claims were not reopened.

The Board denied service connection for neck disorder, bilateral knee disorder, and hemorrhoids. Service connection was granted for a disorder of the left hand finger due to frostbite.

The veteran's service connection claim for bilateral shin splints is granted. The other conditions and issues are denied.

The Board found that the veteran's service-connected frostbite residuals did not cause, contribute substantially or materially to, combine with, or aid in causing his death from cardiac arrest due to coronary artery disease.

The Board denied an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU) due to lack of evidence showing entitlement prior to November 8, 1999.

The Board has remanded the case back to the RO for further action due to failure to follow-up on requests for certain VA medical records.

The veteran's cold injury residuals to the hands and feet are service-connected, but he is not entitled to higher ratings for these conditions.

The Board has granted service connection for bilateral neuropathy of the feet, residual to frostbite sustained during service in Korea.

The Board has denied the veteran's claims for service connection for diabetes mellitus, coronary artery disease, and the residuals of frostbite. The evidence does not support a finding that these conditions are related to military service or any herbicide exposure.

The Board has remanded the case to the RO for further development due to new evidence submitted by the veteran.