Traumatic brain injury (TBI) decisions — 2011

The Board found that the Veteran's residuals of frostbite of the feet were not incurred in or aggravated by service, and denied his claim.

The Board has determined that a new examination is needed to determine if the Veteran's tension headaches are related to his military service, and whether he has any current residuals of a traumatic brain injury. The case will be remanded for these purposes.

The Veteran's claim for service connection for a traumatic brain injury was dismissed due to the death of the appellant.

The Board found that the Veteran's current diagnosis of residuals of traumatic brain injury, including headaches, is related to his service exposure to IED and other blasts. The decision grants service connection for these conditions.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining service treatment records and VA/privately obtained medical records. The issues of service connection for traumatic brain injury, hypertension secondary to PTSD, and an increased rating for PTSD are also being addressed.

The Board found that the Veteran does not have a current diagnosis of memory loss or traumatic brain injury, and thus denied service connection for these conditions.

The Veteran's claims for residuals of frostbite and acquired psychiatric disorder were partially granted. The claim for residuals of frostbite was denied, while the claim for an acquired psychiatric disorder (specifically anxiety/depression) was granted.

The Board found no evidence to support that the Veteran's traumatic brain injury was caused by a neurological event related to his diabetes, and thus denied the claim for service connection.

The Board has determined that further development is required, including obtaining the Veteran's Social Security Administration records and a VA examination to determine if his service-connected disabilities render him unemployable. The case will be returned for further appellate review.

The Veteran's service connection claim for PTSD was granted, as it had its onset in service and is related to his reported combat experiences. The other issues remain unresolved.

The Board has remanded the case for additional development, including obtaining personnel records from the West Virginia National Guard and Social Security Administration records. The Veteran's employability due to service-connected disabilities will also be evaluated.

The Veteran's claim for service connection for PTSD was denied due to lack of a diagnosis, while his claim for cold weather residuals was granted based on the examiner's findings.,Service connection is established for frostbite residuals of the hands and feet, but not for PTSD.

The Board found that the Veteran's disabilities from a 2000 motor vehicle accident, including cervical cord contusion with myelopathy, traumatic brain injury (twice), seizure disorder, and left-sided hemiparesis, are due to his own willful misconduct.

The Board denied the Veteran's claims for service connection for tinnitus, residuals of frostbite of both ears, and COPD with sleep apnea. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The Board finds that there is no current disability of frostbite or cold injury residuals, and thus the claim for service connection for residuals of frostbite of the bilateral feet and toes is denied.

The Veteran is not rendered unable to obtain or maintain substantially gainful employment as a result of his service-connected disabilities.

The Board has determined that the Veteran's skin cancer is not related to his service, and thus denied service connection for this condition. For GERD (Barrett's esophagus), the VA examiner found no evidence of a pre-existing esophageal condition during service, and noted that the Veteran's current GERD/Barrett's esophagus may be due to his PTSD. The organic residuals of frostbite issue is not addressed as it was not part of the appeal process.

The Veteran's donor scar, left thigh is rated at 10 percent due to its painful and easily irritated nature. His residuals of frostbite on the left flank remain in dispute.

The Veteran's service connection claim for traumatic brain injury was granted, and his TDIU claim is pending.

The Board has granted service connection for Traumatic Brain Injury and Bilateral Plantar Fasciitis, finding that the Veteran's current diagnoses are related to his military service.