Traumatic brain injury (TBI) Board decisions

The veteran's service-connected residuals of a gunshot wound to the left arm and frostbite to various extremities were evaluated, with some issues being denied increased ratings.

The Board has dismissed the veteran's claim for service connection for residuals of frostbite due to a lack of appeal. The issue of entitlement to service connection for a contusion to the lower chest wall is remanded.

The Board has granted separate 20 percent ratings for residuals of frostbite of the left and right feet, effective May 22, 1999. The appellant's claim is denied for earlier effective dates.

The Board denied reopening of the veteran's claims for osteoarthritis, residuals of frostbite, and hypertension due to lack of new and material evidence.

The Board of Veterans' Appeals has determined that the veteran's claim for service connection for frostbite residuals to his face, ears, feet and knees is not well grounded due to a lack of supporting evidence. The appeal will be remanded to allow for further development.

The Board has determined that there is no evidence to support the veteran's claims for service connection for residuals of frostbite of the feet and lower legs, or residuals of a right wrist injury. The back and right hip disabilities are not found to be proximately due to or the result of his service-connected residuals of a shell fragment wound of the right femur.

The veteran's residuals of frostbite in both feet are currently manifested by cold sensitivity, color change and decreased sensation. The Board has granted increased ratings of 30 percent for the residuals of frostbite to the right foot and left foot.

The Board has granted a higher initial rating of 30 percent for the veteran's service-connected residuals of frostbite of both feet, finding that the evidence supports this increased evaluation based on manifestations of pain and nail abnormalities.

The Board has denied the veteran's claims for service connection for residuals of frostbite to both hands and feet, finding no evidence of current disabilities related to in-service cold exposure.

The Board has determined that the initial ratings assigned for hypertension, bronchial asthma, postoperative residuals of a hemorrhoidectomy with a history of perirectal abscess, and frostbite of the fingers are appropriate.

The Board has denied the veteran's claim of entitlement to service connection for frostbite of the feet due to a lack of well-groundedness, and has remanded the case for further development under the Veterans Claims Assistance Act of 2000.

The Board has denied the veteran's claim for service connection for residuals of frostbite of the feet, finding that it is a direct service connection case and not related to any specific exposure or presumption.

The veteran's service-connected residuals of frostbite of the feet, hands, and right hand have been granted increased evaluations effective January 12, 1998. The evaluation for the left foot remains at 30 percent.

The Board has reopened the claim for service connection for residuals of frostbite of the hands and granted a 10 percent rating for left knee disability. The right knee disability, PTSD, psychiatric disorder other than PTSD, migraine headaches, and sinusitis are not addressed as they were previously denied.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for residuals of frostbite of the left arm and hand. The evidence presented does not establish a material fact which was not already of record at the time of the 1956 rating decision.

The veteran's PTSD is rated at 50 percent effective October 27, 1999. The veteran's residuals of head trauma with associated headaches are currently evaluated as 10 percent disabling and a higher rating is not warranted.

The Board has granted service connection for frostbite of the ears and feet, hearing loss, and headaches. The veteran's PTSD is also service-connected.

The veteran's service-connected disabilities do not prevent him from securing or following any substantially gainful occupation.

The Board finds that it is at least as likely as not that PTSD and residuals of frostbite are related to service, granting the veteran's claims for these conditions.

The Board found no clear and unmistakable error in the February 1986 rating decisions that assigned a 10 percent rating for frostbite of both feet and partial amputation of the right great toe and total amputation of the right second toe.