Traumatic brain injury (TBI) decisions — 2011

The Board has determined that the Veteran's current bilateral residuals of frostbite of the lower extremities are manifested as a result of his active service, and thus grants service connection for this condition.

The Veteran's appeal is being remanded to obtain a medical opinion regarding the nature and etiology of his claimed TBI residuals, as well as new VA examinations for his shell fragment wounds to the left scapula and scalp. The claims will be readjudicated after these actions.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for bilateral hearing loss and frostbite of the right great toe. The Veteran's testimony does not provide new or material evidence as it restates contentions previously on file.

The Board has granted service connection for Major Depressive Disorder, PTSD, Impulse Control Disorder, a neurological condition due to traumatic brain injury, and residuals of pneumonia as secondary to the Veteran's service-connected epilepsy.

The Board has determined that the Veteran's service-connected low back strain does not warrant an evaluation in excess of 20 percent. The claims for cold injury residuals of the left and right hands have been denied as there is no evidence to support a finding of service connection.

The Board found that the service-connected frostbite of the feet did not cause or contribute to the Veteran's death. The fatal bowel perforation was due to complications from aortic aneurysm repair, which is unrelated to the service-connected frostbite.

The Board has remanded the case for further development, including obtaining medical records and providing a supplemental statement of the case. The Veteran's claims for service connection for frostbite residuals and reopening his claim for impotence caused by incorrect prescriptions are pending.

The Board has reopened the Veteran's claim of service connection for frostbite, both hands. The new evidence presented relates to an unestablished fact necessary to substantiate the merits of the claim - his complaints of hand pain post-service. Service connection was not granted as there is no competent medical evidence showing a current disability due to frostbite sustained in service.

The Board has granted service connection for migraines and traumatic arthropathy with excoriation of the left great toe, but denied service connection for sinus disorder, bronchitis, and TBI.

The Board has determined that a new examination is needed for the Veteran's post concussive headaches, status post traumatic brain injury due to possible increase in severity. The TDIU claim is also remanded as there is no explicit opinion on whether the service-connected disabilities alone are sufficient to preclude gainful employment.

The Veteran's service connection claim for residuals of a traumatic brain injury is granted as the evidence shows an in-service injury, current disability, and a nexus between the two.

The Board found that the Veteran's claimed residuals of frostbite or cold injury of the hands and feet were not related to his military service.

The Veteran's appeal was withdrawn as to the issue of entitlement to an initial rating in excess of 50 percent for PTSD. The remaining issues of service connection for TBI, epilepsy, and residuals of a rib fracture are remanded.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for a TBI examination.

The Veteran's claims for service connection have been dismissed due to the death of the appellant.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional records. The appellant's claims for service connection for TBI and headaches are pending.

The Board has remanded the case for further development, including a foot examination to determine if the Veteran's current foot disorder is related to his period of active duty.

The Board has decided to remand the case for further examination and development, including a VA examination to determine the nature and etiology of the Veteran's claimed residuals of frostbite of the hands and feet.

The Board has determined that the Veteran's service does not meet the basic criteria for eligibility to nonservice-connected pension benefits as he did not serve during a period of war. The claims of service connection for TBI, nerve damage, type 2 diabetes mellitus, hypothyroidism, psoriasis, facial acne, and respiratory disorder are remanded for further development.

The Veteran's unauthorized medical expenses incurred at Aspirus Wausau Hospital from March 12, 2008 to March 25, 2008 were reimbursed as the treatment was necessary due to a continued medical emergency.