Traumatic brain injury (TBI) decisions — 2012

The Board has granted service connection for residuals of a TBI, ataxia (claimed as vertigo), and headaches. Service connection was denied for back disability.

The Veteran's appeals for service connection on the issues of bilateral knee disorder, bilateral leg disorder, and fainting have been dismissed as he has withdrawn his appeal regarding these claims.

The Veteran's service-connected disabilities, including TBI and PTSD, render him unable to secure or follow substantially gainful employment. His TDIU rating is granted.

The Veteran is granted service connection for PTSD, a left knee disorder, and residuals of frostbite (congelatio) of the fingers. The Board finds that these conditions are related to his military service.

The Veteran's lung disability, diagnosed as bronchitis and asthma, was reopened due to the submission of new evidence. The Board found that the condition was incurred in service.,Service connection for residuals of traumatic brain injury (TBI) including post-traumatic concussion headaches is granted.

The Veteran's service-connected residuals of frostbite of both feet are currently rated at 30 percent each, and the Board finds that a higher rating is not warranted.

The Veteran's claims for service connection for residuals of a right ankle injury and for residuals of frostbite to the extremities are being remanded due to incomplete records, need for medical examination, and additional development.

The Board has determined that the Veteran's surviving spouse is a proper substitute claimant and service connection for TBI has been granted. The evidence supports the assertion of a TBI in service, including symptoms such as vertigo, nausea, vomiting, and staggering affect.

The Board has determined that the Veteran does not have a diagnosed bilateral hearing loss disability, and his claims for TBI, cervical spine fracture, thoracic spine fracture, and left levator scapula syndrome are denied as they do not meet the criteria for service connection.

The Veteran's service-connected frostbite and peripheral neuropathy of the lower extremities have been rated at their maximum schedular ratings since June 9, 2005.

The Veteran's appeal for service connection and increased rating claims have been dismissed due to the improper characterization of her issues. The Board does not have jurisdiction over these matters.

The Board found that the Veteran's anatomical loss of the left foot post left above the knee amputation was not proximately due to, the result of, or aggravated by a service-connected disability. The evidence did not support a finding that his left above the knee amputation was causally related to, or aggravated by, a service-connected disability.

The Veteran's TBI, sleep apnea, and left ear hearing loss have been granted service connection. The effective date is not specified.

The Board has granted service connection for tinnitus, bilateral hearing loss, and other conditions based on in-service exposure to noise and physical trauma. The Veteran's current symptoms are consistent with his reported history of service-connected disabilities.

The Veteran's TBI is rated at 40% due to cognitive impairment, and a separate rating for his related headache disability has been granted. The PTSD remains rated at 30%.

The Board has determined that further development is needed to determine if the Veteran has a current TBI disability and its likely etiology. The case will be remanded for this purpose.

The Board has determined that the Veteran does not have current disabilities of hepatitis C or frostbite of the feet related to his active duty service. Therefore, service connection for these conditions is denied.

The Board has remanded the case for further development and consideration of the Veteran's claims for service connection for major depressive disorder and traumatic brain injury.

The Veteran's TBI and migraine headaches have not been shown to result in prostrating attacks occurring on an average once a month over the last several months, thus preventing her from receiving a higher rating.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current frostbite residuals are related to his service in France.