Traumatic brain injury (TBI) decisions — 2012

The Board found no evidence of service connection for any claimed conditions, including TBI, cervical spine/neck disability, bilateral knee and shoulder disabilities. The Veteran's reported symptoms were not shown to be related to his military service.

The Veteran's claims for service connection for frostbite of the feet and calluses of the feet, as well as his claim for an initial compensable rating for a bilateral hearing loss disability were all denied. The Board found that there was no evidence to support these claims.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to his service-connected disabilities, as he did not meet the statutory criteria for a TDIU.

The Veteran's service-connected traumatic brain injury resulted in mild symptoms that did not warrant a rating higher than the current 10 percent assigned.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted for his back, neck, right knee, left knee, or frostbite residuals.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration (SSA) records and ensuring compliance with the requested action.

The Veteran's appeal is being remanded due to the need for further development of his claims, including a VA examination by a neurologist and retrieval of additional VA outpatient records.

The Board has determined that the Veteran's service-connected disabilities contributed to his death from metastatic prostate cancer, and thus grants service connection for the cause of the Veteran's death.

The Veteran's appeal is being REMANDED to the RO for further action, including scheduling a hearing at his correctional facility or accommodating his request through other means. The case will be returned to the Board if necessary.

The Veteran's service-connected disabilities alone preclude him from securing and following substantially gainful employment.

The Board has determined that a new examination is needed to determine if the Veteran's current disabilities are related to his service, specifically his time in Iraq and on active duty. The claim will be returned for further development.

The Board found no credible evidence of an in-service head injury or electrocution, and thus denied the Veteran's claim for service connection.

The Veteran's claim for basic eligibility for educational assistance under Chapter 33, Title 38, United States Code is denied as his service was characterized as honorable conditions and the reason for discharge was misconduct, not a service-connected disability.

The Veteran's PTSD is currently rated at 70 percent, effective December 1, 2006. The Veteran has also been granted service connection for tinnitus with a 10% disability rating effective December 1, 2006.

The Board has granted service connection for tinnitus and determined that the Veteran's disabilities, including PTSD, migraine headaches, lumbar spine injury, erectile dysfunction (secondary to PTSD medications), and traumatic brain injury, render him unable to secure or follow a substantially gainful occupation. The effective date of this decision is not specified.

The Veteran's claims for increased evaluations and TDIU have been granted. The effective date of the award of service connection for TBI with headaches is set at December 1, 1967.

The Board has determined that the Veteran does not currently have bilateral hearing loss or a right shoulder disorder for which service connection is warranted. The claim for residuals of a traumatic brain injury and acquired psychiatric disorder (claimed as anxiety) remains pending.

The Veteran's service connection claims for a chronic acquired psychiatric disorder and chronic traumatic brain injury residuals have been granted.