Traumatic brain injury (TBI) decisions — 2012

The Board has granted service connection for low back, right shoulder and bilateral elbow disabilities due to overuse in service. The Veteran's congenital Ehlers-Danlos syndrome was aggravated by the physical demands of service.

The Veteran's appeal is being remanded to allow for additional VA examinations and the obtaining of relevant private treatment records.

The Board has remanded the case for further development, including obtaining clarification from the appellant regarding an autopsy and post-mortem examination of the Veteran. The VA physician's opinion on aggravation is also requested.

The Board has granted service connection for a Traumatic Brain Injury (TBI) and determined that the Veteran's bilateral upper extremity disability is related to his service, specifically his cervical strain with degenerative disc disease. The TBI was incurred during deployment in Iraq due to exposure to IED explosions.

The Board has remanded the case due to new evidence submitted by the appellant and a missed VA examination. The claims for tinnitus and frostbite residuals will be reviewed again with consideration of this additional information.

The Board has determined that the Veteran does not have any current disabilities related to his military service, including back injury residuals, hand disorders, knee disorders, frostbite residuals, or hearing loss and tinnitus.

The Veteran is seeking service connection for a cervical spine disability with bilateral radiculopathy of the upper extremities and traumatic brain injury, both claimed as secondary to a motor vehicle accident in service. The case has been remanded due to incomplete records and need for further examination.

The Board has determined that there is no current diagnosis of TBI and thus service connection for TBI cannot be established.

The Veteran's appeals for increased ratings for PTSD, residuals of a shell fragment wound to the right elbow, and traumatic brain injury have been withdrawn. The Board finds that his current rating for right sural nerve neuropathy is appropriate at 10 percent.

The Veteran seeks service connection for a cognitive disorder due to TBI and as secondary to his service-connected disability. The case is being remanded for further development, including obtaining updated VA treatment records and providing the Veteran with an opinion regarding whether his cognitive disorder is related to service or aggravated by his PTSD.

The Board denied the Veteran's claim for an earlier effective date for service connection of a traumatic brain injury, finding that no new and material evidence was submitted prior to June 17, 2008.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and scheduling VA examinations to evaluate his service-connected disabilities. The issues of increased ratings for low back pain, left knee sprain, and traumatic brain injury are also being addressed.

The Veteran does not have any residual disability from his alleged frostbite in service, nor is there any competent medical evidence that any claimed disability of the feet and legs, including tendonitis, is related to service or any incident therein.

The Veteran's claims for service connection for a left knee disability and frostbite of the hands and feet were denied. The Board found no evidence linking these conditions to his military service.

The Veteran's service-connected left ankle disability has been granted, but his claims for residuals of a traumatic brain injury (migraine headaches) and allergic rhinitis have been denied.

The Veteran's appeal for higher initial ratings for left knee patellofemoral syndrome, costochondritis, and right foot hallux valgus was denied. The RO increased the rating to 30 percent for PTSD but only effective from March 26, 2009.

The Board has determined that the Veteran's residuals of a traumatic brain injury are incurred in service and grants the claim for service connection.

The Veteran's claims for increased ratings were granted, with the lumbar spine disability receiving a 10% rating and the bilateral hearing loss maintaining its current non-compensable evaluation. The frostbite of the left foot was rated at 20% effective August 1, 2011.

The Board has determined that the Veteran's left ear hearing loss is related to his service, and therefore grants service connection for this condition. However, there is insufficient evidence to support a finding of frostbite of the feet due to service.

The Veteran's claim for service connection for bilateral hearing loss is denied by operation of law as he does not meet the criteria for a current disability. The claims for service connection for acquired psychiatric disorder, traumatic brain injury, and vision disorder are remanded for further development.