Traumatic brain injury (TBI) decisions — 2010

The Veteran's initial claim for a higher rating for diplopia due to right eye lid injury was granted, with a current disability rating of 10 percent effective March 19, 2008. Service connection was established for left wrist ganglion cyst and residuals of bilateral frozen feet (claimed as frostbite of the feet). However, service connection for a right ankle disability was not established.

The Board found that the Veteran does not have a current disability related to a traumatic brain injury and denied service connection for TBI.

The Veteran's appeal is being remanded to schedule a Travel Board hearing due to his absence from the previously scheduled hearing.

The Veteran's current right foot symptoms, lower extremity symptoms, and right hand condition are not causally or etiologically related to service, including any cold weather injury.

The Veteran's appeal for an earlier effective date for a 100 percent rating for service-connected cognitive disorder secondary to traumatic brain injury has been dismissed due to the Veteran's death.

The Board denied the Veteran's claims for service connection for PTSD and increased ratings for various disabilities, including pelvic fracture with L5-S1 radiculopathy, left hip fractures, right hip fractures, left orbital fracture, status post right rib fractures, and mood disorder with headaches due to traumatic brain injury. The appeal was reopened on new evidence.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD and depression, due to a lack of credible evidence supporting the claimed stressors and insufficient medical evidence linking these conditions to service.

The Veteran's claim for service connection for residuals of frostbite of the right ear and upper and lower extremities is being remanded due to the need for further development, including a VA examination.

The Board has determined that the Veteran's disabilities resulting from his May 1998 motor vehicle accident were not incurred in the line of duty and are instead a result of his own willful misconduct, leading to a denial of service connection.

The Board has determined that the Veteran does not meet the criteria for a diagnosis of PTSD, and therefore service connection for this condition is denied. The Veteran's claims for frostbite of the right great toe and lung disorder claimed as due to herbicide and asbestos exposure are also denied.

The Board has remanded the case for further development, including obtaining additional medical records and arranging for a VA examination to resolve conflicts in the evidence regarding PTSD. The rating for residuals of TBI will also be considered under the revised criteria effective October 23, 2008.

The Board has determined that additional development is needed to properly adjudicate the claim for service connection for the cause of the Veteran's death. The appellant must be provided with VCAA compliant notice and a VA medical opinion regarding whether it is at least as likely as not that the Veteran's service-connected conditions contributed to his death.

The Veteran's claims for service connection for various disabilities are being remanded due to the need for additional examinations and consideration of his claims.,The Veteran is seeking service connection for a left hip disability, right knee disability, low back disability, and frostbite residuals. The Board has requested further examination and review of his medical records to determine if these conditions are related to his service-connected left knee disability or other in-service events.,The Veteran also seeks TDIU based on his service-connected disabilities.

The Board has remanded the case due to the need for a VA examination and updated medical records.

The Board found that the Veteran does not have current residuals of frostbite of the feet related to service and denied his claim for service connection.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and medical opinions regarding his claimed conditions.

The Board is remanding the case for further development and consideration of the Veteran's claims, including psychiatric disability other than PTSD.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling an examination to determine the current nature and etiology of any cold injury residuals.

The Veteran is seeking service connection for frostbite residuals in his bilateral feet. The Board finds the duty to assist has not been met and remands the case for further development, including VA examinations and a nexus opinion.

The Veteran's appeal is being remanded due to his request for a Travel Board hearing. The case will be returned to the Board after the hearing.