Traumatic brain injury (TBI) Board decisions

The veteran's service-connected disabilities include bilateral pes planus, residuals of frostbite of the right and left feet, and a low back disorder. The RO granted increased ratings for these conditions and also granted entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Board denied service connection for chronic residuals of frostbite to the upper and lower extremities as there was no evidence of current disability or a link between any present symptoms and service.

The Board finds that the veteran sustained frostbite to his feet during service and has current residual disability. The Board grants service connection for residuals of frostbite to the feet.

The veteran's claim for service connection for Buerger's disease (thromboangiitis obliterans) is moot as the condition was already awarded in a prior decision. The claim for an earlier effective date for total rating based on individual unemployability also lacks legal merit or entitlement under the law.

The veteran's unauthorized private hospitalizations were denied reimbursement or payment due to lack of authorization and the fact that he was not treated for a service-connected disability.

The VA has denied the veteran's claims for evaluations in excess of 10 percent for residuals of frostbite of both feet, finding that there is no evidence of tissue loss, color changes, hyperhidrosis, or X-ray abnormalities to warrant a higher rating.

The Board finds that the preponderance of evidence is against the veteran's claim for service connection for residuals of frostbite to hands, legs, knees, feet, toes and fingers. The veteran did not have a current disability resulting from in-service frostbite exposure. As for the knee injury issue, there is insufficient medical evidence to determine if any current disorder is related to active service.

The veteran's service-connected disabilities, including PTSD, frostbite residuals, and tinnitus, are found to preclude substantially gainful employment. The Board grants a total disability rating based on individual unemployability.

The Board has reopened the veteran's claims for service connection for bilateral hearing loss, residuals of cold injuries to his hands and feet (frostbite), and a bilateral elbow condition. However, it was not able to establish that these conditions were incurred in or aggravated by military service.

The Board has reopened the veteran's claim for service connection for residuals of frostbite of the feet due to new and material evidence submitted since the March 1981 RO decision. The examiner will be asked to determine if there are any objective residuals of frostbite.

The veteran's service-connected frostbite residuals did not meet the criteria for a higher initial disability rating from September 15, 1997 to January 12, 1998.

The Board found that there is no evidence in the veteran's service medical records of a diagnosis, treatment, or even a complaint of frostbite of the feet. The preponderance of the evidence is against the veteran's claim for service connection for frostbite of the feet.

The Board found no clear and unmistakable error in denying service connection for residuals of frostbite, but granted new evidence to reopen the claim and establish service connection for chronic axonal polyneuropathy.

The Board has denied the veteran's claim of entitlement to service connection for residuals of frostbite of both feet due to lack of well-grounded evidence.

The Board has remanded the case for obtaining additional VA Medical Center evidence, as identified by the appellant's representative. The appeal will be returned to the Board after compliance with all requisite appellate procedures.

The Board denied the veteran's claims for service connection due to lack of a final decision.

The veteran's pension benefits were reduced due to his receipt of Social Security disability benefits, effective June 1, 1996. The Board found that the reduction was proper based on the law and not disputed by evidence.

The veteran's claims for increased ratings for his bilateral hearing loss, frostbite of the feet, and Raynaud's phenomenon were denied. His claim for an effective date earlier than January 12, 1998, for the frostbite residuals was also denied. The TDIU claim is pending.

The veteran's initial disability ratings for the residuals of frostbite of both feet have been granted, with each foot rated at 20 percent. The appeal is not about service connection but rather dissatisfaction with the assigned disability ratings.

The Board denied reopening and granting service connection for residuals of a frostbite injury to the right foot due to lack of new and material evidence.