Traumatic brain injury (TBI) decisions — 2011

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal for service connection for bilateral hearing loss was withdrawn. The Board found that the Veteran's residuals of TBI, including memory loss, migraine headaches and irritability, were incurred in active service.

The Veteran's PTSD and TBI are currently rated at 30% each, but the Board has determined that a higher rating is warranted based on the severity of his symptoms.

The Board has remanded the case for further development and reconsideration of the overpayment issue, as well as consideration of service connection claims. The Veteran's request for waiver of recovery of the assessed overpayment will be reconsidered based on the validity of the debt.

The Veteran's appeal is being remanded due to scheduling conflicts. The issues of service connection for various conditions remain pending.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for various conditions, including lumbar stenosis with herniated disc and radiculitis, bilateral hearing loss, tinnitus, residuals of frostbite to both hands, residuals of frostbite to both feet, and left lower shin dermatitis. The case will be returned to the RO after completion of this development.

The Board has determined that the Veteran incurred a traumatic brain injury with concentration and attention difficulties during active service, but found no evidence to support seizure activity, fainting, or syncope. Service connection for these conditions is granted for the former, but denied for the latter.

The Board has remanded the case for additional development due to incomplete records and to obtain relevant Social Security Administration (SSA) records.

The Veteran's claim for service connection for residuals of a TBI is granted. The Board finds that the Veteran has current residuals of a TBI sustained during service and resolves all doubt in his favor.

The Veteran's service connection claim for residuals of a traumatic brain injury is granted.,Service connection for bilateral hearing loss and residuals of right ankle sprains are not granted.

The Board has determined that there is no evidence of current residuals of a TBI with memory loss and no medical evidence relating any such condition to active service. Therefore, the Veteran's claim for service connection for residuals of a TBI with memory loss is denied.

The Veteran's claims for service connection and increased ratings were adjudicated. The Board found that the Veteran withdrew his claims of residuals of right fibula fracture and TDIU, and granted a rating of 70 percent for PTSD effective March 9, 2011.

The Board has determined that the Veteran's claims for service connection and reopening of a duodenal ulcer claim are inextricably intertwined with his TBI claim. The case is therefore being remanded to obtain additional medical evidence, arrange for an examination, and readjudicate the claims.

The Board denied service connection for residuals of frostbite and arthritis of the knees, arms, hips, and elbows as these conditions are not considered to be directly related to service.

The Veteran's appeal is being remanded for additional development to obtain medical records, conduct examinations, and determine the etiology of his claimed conditions.

The Veteran's claim to reopen his service connection for residuals of frostbite to feet was denied in the April 2007 rating decision. The RO is instructed to provide Kent notice based on the June 1976 final decision and seek Social Security Administration records.

The Board finds that the effective date for the grant of service connection for residuals of a brain injury should be November 19, 2004, not prior to this date.

The Board has granted service connection for a cognitive disorder as one of the residuals of TBI sustained in service. The Veteran's TBI is related to an accidental explosion during active duty.

The Veteran's appeal was denied as his claim for an initial rating in excess of 10 percent for residuals of traumatic brain injury and for an effective date prior to January 21, 2009, for the grant of service connection for residuals of traumatic brain injury were both found not merited. The issue regarding clear and unmistakable error in a May 2004 rating decision that denied service connection for PTSD was referred to the RO.

The Board has determined that the Veteran did not sustain a traumatic brain injury during service and that his current headaches are less likely related to service. As such, service connection for both conditions is denied.