Traumatic brain injury (TBI) decisions — 2010

The Veteran's service-connected conditions did not cause or contribute substantially to his death. The Board found that pneumonia, which led to the Veteran's death, was not related to service.

The Veteran's headaches have been rated at 10% since May 16, 2005. The Veteran's tinnitus has not resulted in a higher rating under the applicable criteria. His cognitive disorder due to traumatic brain injury does not meet the criteria for a separate rating.

The Board denied the Veteran's claims for increased rating for a scar, reopening of service connection claims for leg fracture and frostbite, and service connection for PTSD. The scars were found to be non-compensably disabling. The leg fracture and frostbite claims did not have new and material evidence received since the last final denial.

The appellant's service-connected disabilities have rendered him unable to obtain and retain substantially gainful employment, warranting a TDIU.

The Board found that the Veteran's head injury was caused by his own willful misconduct, and thus service connection for residuals of a traumatic brain injury is denied.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining SSA records and a VA examination.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection.

The Veteran's claim for service connection for frostbite residuals of both feet, the fingertips of both hands, and both ears has been denied as there is no current diagnosis of such a condition.

The Board has remanded the case due to incomplete service treatment records and the need for further examination regarding cold injury residuals of the upper and lower extremities, as well as a right knee disability.