Traumatic brain injury (TBI) Board decisions

The veteran's claims for a compensable rating for hearing loss, reopening of service connection for left knee condition and residuals of frostbite of the feet were denied. The RO found that new evidence did not meet the criteria to reopen these claims.

The veteran's claims for increased ratings for residuals of frostbite and sympathectomy were denied. The 10 percent rating assigned was upheld, but a 30 percent rating was granted for the right foot and left foot disabilities effective January 12, 1998.

The veteran's residuals of frostbite of both feet are currently manifested by complaints of pain and x-ray findings of degenerative arthritis. The RO granted separate 10 percent evaluations for each foot effective January 12, 1998.

The Board found no evidence to support service connection for the veteran's claimed conditions, including frostbite of the left foot and hearing loss of the left ear. The claim for a higher rating for gastrectomy residuals was also denied.

The veteran's appeal has been withdrawn, and the claims are dismissed due to lack of pending issues.

The Board denied the claims for service connection for a seizure disorder, residuals of shrapnel wounds, and residuals of frostbite injury. The evidence did not establish a clear link between these conditions and service.

The veteran's claims for service connection for residuals of a fractured tailbone, residuals of frostbite of the feet, and residuals of fractured teeth are not well-grounded. The claim for diabetes mellitus secondary to frostbite of the feet is denied as it lacks legal merit. The claim for obstructive lung disease and chronic bronchitis secondary to nicotine dependence is granted with an evaluation of 30 percent.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for residuals of frostbite of the feet. The issue now is whether this reopened claim is well-grounded.

The Board has denied the claims for service connection for chronic dysentery, irritable bowel syndrome, frostbite injury residuals, and peripheral neuropathy. The claim for arthritis was not reopened as new and material evidence was not presented. The heart condition with edema and hearing loss disability were also not reopened due to lack of new and material evidence.

The Board has determined that the veteran's service-connected residuals of frostbite and peripheral neuritis warrant a disability rating of 30 percent for each foot, effective January 12, 1998. The veteran's claims for increased ratings are granted.

The Board denied the veteran's claim for service connection for residuals of frostbite of both legs, including diabetes, circulatory problems, and arthritis due to a lack of competent evidence linking these conditions to service.

The Board has determined that the veteran's residuals of frostbite, with neurological and vascular deficiencies, warrant a 30 percent disability rating.

The veteran seeks a higher evaluation for frostbite of the feet. The case is being remanded to obtain additional information and an examination.

The Board has granted service connection for residuals of frostbite of the feet with an effective date of August 1, 1996. The veteran's claim was reopened in November 1996 and he is now receiving a 30% disability rating.

The Board has determined that the veteran's service connection claim for residuals of frostbite and peripheral neuropathy of the feet fails due to lack of competent evidence linking these conditions to his time in service.

The veteran's combined disability rating is 80%, but he does not have at least one service-connected disability rated at 40% or more. Therefore, the Board finds that a total rating for compensation based on individual unemployability due to service-connected disabilities is not warranted.

The Board found that the veteran's death was not caused by VA medical treatment and denied claims for service connection for cause of death, compensation under 38 U.S.C.A. § 1151, increased ratings for anxiety reaction, residuals of frostbite of the hands, and duodenal ulcer.

The Board has determined that the veteran does not have current residuals of frostbite or a jaw injury, and thus his claims for service connection are denied.

The veteran's service-connected residuals of frostbite of the feet have been evaluated at 30 percent since January 12, 1998. Prior to that date, he was not granted a higher evaluation.

The veteran's claim for service connection for residuals of frostbite of the feet and bilateral hearing loss is granted. The claim for a higher rating for PTSD remains pending.