Traumatic brain injury (TBI) decisions — 2012

The Board denied the Veteran's claims for higher initial ratings for his Schatzki ring and PTSD, finding that a rating in excess of 30 percent was not warranted from November 25, 2006 to March 5, 2008, and since March 6, 2008, the Veteran's Schatzki ring has not been manifested by a moderate stricture. The Board also denied his claim for an increased rating for PTSD.

The Board has granted entitlement to service connection for residuals from a traumatic brain injury and denied entitlement to service connection for sleep apnea.

The Veteran's service-connected disabilities do not warrant an initial rating in excess of the currently assigned ratings, and he is not unemployable due to his service-connected conditions.

The Board has remanded the case for additional development, including obtaining clarification of the Veteran's intent regarding potential service connection claims and seeking relevant medical records. The Veteran is also to be scheduled for a VA examination to determine the nature and etiology of his claimed disabilities.

The Veteran's TBI has not been shown to warrant a disability rating higher than the currently assigned 10 percent, as his cognitive impairment does not meet or approximate the criteria for a higher evaluation.

The Board has determined that the Veteran's right shoulder disability, right middle ear damage with hearing loss, and memory loss are related to his military service.

The Board finds that it is at least as likely as not that the Veteran's sleep disorder, neck disability, and traumatic brain injury are secondary to his service-connected convulsive disability. Service connection is granted for these conditions.

The Veteran's claims for PTSD, an acquired psychiatric disability other than PTSD, and residuals of a TBI and concussion were denied as there is no diagnosis of PTSD in accordance with DSM-IV criteria. The Board found that the Veteran does not have a current diagnosis of PTSD.

The Veteran's appeal is being remanded to the RO for further development, including a TBI examination and additional medical records. The claim will be adjudicated again in light of all pertinent evidence.

The Board found the Veteran not credible regarding his claims of frostbite and continuous symptoms since service. The VA examiner determined that the Veteran's conditions are not related to service or a service-connected disability.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims, including obtaining outstanding VA treatment records and arranging for a VA examination.

The Board has reopened the Veteran's claim of service connection for residuals of TBI, including headaches. However, further development is needed to determine if he has any current residuals from his brain injury in service and what their nature and severity are.

The Board has determined that new and material evidence has not been received to reopen the claims of service connection for a back disability, including degenerative disc disease of the lumbar spine; frostbite of the hands and feet; diabetes mellitus; hypertension; a psychiatric disability; blood disease; or heart disability. The appellant's claimed disabilities were not present during his active service or within the first post-service year, and there is no indication that they are related to his military service.

The Veteran has withdrawn his appeals regarding the initial rating for PTSD and service connection for TBI, including cognitive impairment. As a result, these issues are dismissed.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining outstanding VA treatment records.

The Veteran's appeal is remanded due to the need for additional VA examinations and evaluations to determine the nature, severity, and manifestations of his residuals of traumatic brain injury. The case will be readjudicated after these actions.

The Veteran's service connection claim for residuals of a traumatic brain injury is granted as the evidence shows a relationship between his current condition and service.

The Veteran's claims for increased evaluations have been granted, with the highest rating of 70 percent assigned for residuals of traumatic brain injury (TBI) from October 23, 2008. The other conditions received their respective initial compensable ratings.

The Board found no evidence of frostbite or other cold injuries in service and denied the Veteran's claim for service connection as his current conditions are not shown to be related to his active duty.

The Board denied the Veteran's claims for service connection for cognitive disorder, tinnitus, headaches, and an acquired psychiatric disorder (other than PTSD), finding that there was no evidence to support these claims.