Citation Nr: 1323224 Decision Date: 07/19/13 Archive Date: 07/24/13 DOCKET NO. 09-17 895 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUE Entitlement to service connection for residuals of cold weather injury in the bilateral lower extremities (claimed as frostbite). REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD K. L. Wallin, Counsel INTRODUCTION The Veteran had active service from April 1951 to March 1953. These matters come before the Board of Veterans' Appeals (Board) on appeal from a December 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma. The Veteran requested a videoconference hearing before a Veterans Law Judge. In December 2010, the RO sent the Veteran notice that a hearing had been scheduled for January 2011; however, he did not report for the hearing. Thus, the hearing request is deemed to be withdrawn. Therefore, the Board may proceed to adjudicate this appeal. The matter was previously before the Board in August 2012 and March 2013 and remanded for further development and adjudication. The claim has been returned to the Board and is now ready for appellate disposition. Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). See 38 U.S.C.A. § 7107(a)(2) (West 2002). FINDINGS OF FACT Cold injury residuals, to include arthralgia, cold sensitivity, locally impaired sensation, numbness, and nail abnormalities, in the bilateral lower extremities is due to cold weather injury during the Veteran's period of active military service. CONCLUSION OF LAW By extending the benefit of the doubt to the Veteran, the criteria for service connection for residuals of cold weather injury in the bilateral lower extremities (claimed as frostbite) have been met. 38 U.S.C.A. §§ 1110, 5107 (West 2002); 38 C.F.R. §§ 3.159, 3.303 (2012). REASONS AND BASES FOR FINDINGS AND CONCLUSION In light of the fully favorable determination in this case, no further discussion of compliance with VA's duty to notify and assist is necessary. The Veteran asserts that he suffered from frostbite in service while stationed in Korea during the winter of 1952. Specifically, he asserts that he was assigned to a Mobile Army Surgical Hospital (MASH) unit and lived under canvas tents, which exposed him to the inclement weather. Establishing service connection generally requires medical evidence or, in certain circumstances, lay evidence of the following: (1) A current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) nexus between the claimed in-service disease and the present disability. See Davidson v. Shinseki, 581 F.3d 1313 (Fed.Cir.2009); Jandreau v. Nicholson, 492 F.3d 1372 (Fed.Cir.2007); Hickson v. West, 12 Vet. App. 247 (1999); Caluza v. Brown, 7 Vet. App. 498 (1995), aff'd per curiam, 78 F.3d 604 (Fed.Cir.1996) (table). The Veteran's service-personnel records establish that he was stationed in Korea during the Second Winter from March 1952 and April 1952 and Summer-Fall from May 1952 to November 1952. They also reveal that he was a cook and unit supply specialist assigned to the 8228th MASH unit. Thus, the Board finds the circumstances of the Veteran's service are consistent with allegations of cold weather exposure and injury. 38 U.S.C.A. § 1154(a). The April 2013 VA examiner diagnosed the Veteran with cold injury residuals, to include arthralgia, cold sensitivity, locally impaired sensation, numbness, and nail abnormalities of the bilateral feet. The examiner specifically indicated the Veteran had reduced sensation in a stocking distribution on his feet with dryness and flaking of skin and thickened yellowed toenails. The feet were cool to the touch, pulses were palpable. The Veteran reported daily pain, numbness and cold sensitivity. The examiner reviewed the claims folder and opined that cold injury residuals were at least as likely as not incurred in or caused by the claimed in-service injury, event, or illness. The examiner reasoned that although the service treatment records did not document an instance in which the Veteran reported medical problems due to cold exposure, the Veteran was a credible historian and was judged competent to report his experiences. The examiner found it plausible that the incident the Veteran described in which he was exposed to prolonged cold without adequate protection occurred. It was also plausible from a clinical standpoint that the type of exposure that the Veteran described would cause cold injury. Thus, the examiner concluded it was as likely as not that the Veteran's current cold injury residuals were due to cold weather exposure in Korea in the 1950's. The VA examiner's opinion is afforded high probative value as it was made after a review of the relevant evidence and history, physical examination of the Veteran, and contains a rationale for the conclusion reached. There is no evidence of record in conflict with the VA examiner's opinion. As such, service connection for residuals of cold weather injury in the bilateral lower extremities is warranted. ORDER Service connection for residuals of cold weather injury in the bilateral lower extremities (claimed as frostbite) is granted. ____________________________________________ MILO H. HAWLEY Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs