Traumatic brain injury (TBI) decisions — 2011

The Board has determined that the Veteran's current disabilities, including post-concussive syndrome, headaches, and left shoulder spasms, are related to his in-service traumatic brain injury. The injuries were not due to willful misconduct as a result of intoxication.

The Veteran seeks service connection for residuals of frostbite of the feet. The Board finds that a VA examination is needed to determine the nature and etiology of any current foot disabilities, including tingling, loss of feeling, discoloration, neuropathy, and peeling skin.

The Veteran seeks service connection for residuals of frostbite of both feet. The Board finds that additional VA examination is necessary to determine the nature, extent, and etiology of any bilateral foot disability he may have.

The Veteran's appeal is being remanded for additional examinations and to determine if the case should be referred for extraschedular consideration.

The Veteran withdrew the appeal of his claims for increased evaluations for lumbosacral spine strain and traumatic brain injury prior to a decision being made.

The Veteran sustained a head injury during service and currently experiences residuals of this traumatic brain injury. The Board finds sufficient evidence to grant service connection for these residuals.

The Board finds that the evidence is in relative equipoise as to whether the Veteran's current bilateral hand injury is related to his service-connected disabilities, and grants service connection for residuals of a bilateral hand injury secondary to his service-connected traumatic brain injury and depressive disorder.

The case is being remanded to the VA physician for a re-evaluation of the Veteran's need for aid and attendance based on all service-connected disabilities, including those not yet adjudicated. The issue of special monthly compensation at the aid and attendance rate will be reconsidered.

The Board has denied the Veteran's claims for service connection for hearing loss, tinnitus, residuals of frostbite, an ocular disorder (vision loss), and abscesses on the buttocks. The evidence submitted did not raise a reasonable possibility of substantiating these claims.

The Board has decided to remand the Veteran's claims due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Board found that the Veteran's current bilateral foot disorder is not related to his active military service, and thus denied his claim for service connection.

The Veteran's claim for special monthly compensation based on need for regular aid and attendance or at the housebound rate is being remanded due to inadequate examination. The VA needs to distinguish between service-connected PTSD and nonservice-connected TBI residuals, and determine if the Veteran requires aid and attendance solely due to his service-connected PTSD.

The Veteran's appeal is being remanded to allow for further development of the record, including obtaining recent VA treatment records and scheduling a new VA examination.

The Veteran's service connection claim for traumatic brain injury with residual seizures was denied. The Veteran's claims for increased evaluations of her residuals of closed head trauma and PTSD were also denied, as the evidence did not support a higher rating under the old criteria. Her TDIU claim was also denied.

The Veteran's death was determined to be due to willful misconduct, but the Board found that his death was not caused by such misconduct. The Appellant is granted service connection for the cause of the Veteran's death based on residuals of traumatic brain injury and a psychiatric disorder.

The appellant withdrew his appeal of the issues related to residuals of a back injury, residuals of frostbite injury of bilateral upper extremities, and residuals of frostbite injury of bilateral lower extremities. The case is now dismissed for these issues.

The Board has determined that the Veteran's peripheral neuropathy is not related to service and does not have any current residuals of frostbite of the bilateral lower extremities. As such, service connection for these conditions cannot be granted.

The Veteran's TBI disability is rated at 10 percent, and the evidence does not support a higher rating. The Board found no neurological disabilities associated with his brain trauma.

The Veteran's appeal is being remanded for further development, including scheduling a videoconference hearing.

The Veteran's appeal is being remanded for a VA TBI examination and consideration of the revised TBI rating criteria. The current disability rating for his service-connected cognitive disorder with mild stuttering, status post motor vehicle accident, is 50 percent.