Traumatic brain injury (TBI) decisions — 2011

The Board has determined that additional development is needed for the Veteran's claims, including obtaining updated VA treatment records and scheduling the Veteran for VA examinations to determine if his current symptoms are related to service.

The Veteran's claim for increased ratings for residuals of a head injury, including laceration scar to the head and headaches/dizziness, has been granted. The maximum schedular rating of 50% is assigned since March 11, 2002.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for VA examinations to assess his lumbar spine disability, left knee disability, tension headaches status post traumatic brain injury, gastrointestinal disability (GERD), and left wrist disability.

The Veteran's claim for service connection for peripheral vascular disease, which is secondary to his service-connected frostbite residuals, was granted with an effective date of December 30, 1997, the date he filed his informal claim.

The Veteran's claim for an increased rating for his TBI residuals is being remanded due to inadequate examination and the need to address symptoms potentially attributable to other disabilities.

The Board has determined that the Veteran's service-connected PTSD and traumatic brain injury contributed substantially or materially to his death, which occurred due to a motorcycle accident. The decision grants entitlement to service connection for the cause of death.

The Veteran is granted special monthly pension based on the need for regular aid and attendance of another person, but not by reason of being housebound.

The Board has remanded the case for additional development, including obtaining SSA records and scheduling VA examinations. The issues of service connection remain pending.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was denied as his service-connected conditions alone do not preclude him from securing or following substantially gainful employment.

The Board has remanded the case due to the Veteran's request for a personal hearing. The claims of service connection and reopening will be addressed after the hearing.

The Veteran's appeal is remanded for a new VA examination to determine the current severity of his TBI, including his headaches. The RO will also review the claims file and ensure all requested development has been completed before readjudicating the claim.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed disabilities, including whether they are related to service. The case will be remanded for further action.

The Veteran's claim for an increased rating for his service-connected cognitive impairment secondary to traumatic brain injury has been remanded due to the need for a new examination. His TDIU claim is also inextricably intertwined and will be considered together.

The Veteran's requests to reopen his claims for service connection for residuals of frostbite in the bilateral feet and ears were denied. His claim for a lumbar spine disability was also denied, as there is no evidence of a current disability related to service. The claim for bilateral lower extremity peripheral neuropathy was also denied.

The Veteran's current frostbite of the left foot is not shown to be causally or etiologically related to his active military service. The Board denied the claim for service connection.

The Board has determined that the Veteran's claimed disabilities, including obstructive sleep apnea, residuals of frostbite of the right foot, boils, migraine headaches, and depression, are not related to active service.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for residuals of a left calf muscle injury and frostbite of the right foot. The claim is granted as both conditions are found to be related to service.

The Board has remanded the case for additional development due to an inadequate VA examination and for updated VA treatment records.

The Veteran's claim for service connection for residuals of cold injuries (frostbite) of the feet was denied as there is no evidence of a current disability, continuous symptoms since service separation, or in-service frostbite.

The Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.