Traumatic brain injury (TBI) decisions — 2012

The Veteran's initial disability rating for residuals of a shrapnel wound to the head has been increased to 50 percent effective September 29, 1988.,Since October 23, 2008, the Veteran is also rated separately for his service-connected traumatic brain injury with migraines.

The Board has determined that the Veteran's TBI is related to his military service and granted service connection for this condition.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and frostbite of the lower extremities. The case is being remanded to obtain a VA examination.

The Board denied the Veteran's claims for various disabilities, including depression, a neck scar, Meniere's disease, and bilateral leg paralysis. The new and material evidence claims were also denied.

The Veteran's service connection for TBI and increased rating for atypical dermatitis have been granted. The Veteran is currently rated with a 10% disability rating for atypical dermatitis, effective from December 6, 2010.

The Board found no evidence of an in-service cold injury or any related residuals, and the Veteran's current symptoms are not linked to service. The claim for service connection for frostbite residuals is denied.

The Board has determined that the reduction of the appellant's service-connected bilateral hearing loss from 30 percent to 10 percent was not proper, and the 30 percent disability rating is restored.

The Veteran's TBI residuals, including headaches, were initially rated at 10 percent prior to October 23, 2008. From that date, the rating was increased to 40 percent.

The Veteran's appeal has been withdrawn by the appellant, and thus the case is dismissed.

The Veteran's appeal was denied regarding a compensable rating for his fractured mandible. The issues of service connection for residuals of head trauma and right knee disability were also addressed, but the appeals are resolved as they have been granted elsewhere.

The Board has found that the Veteran does not have residuals of a traumatic brain injury. The appeal for an initial rating in excess of 10 percent for right ankle arthritis is being remanded to obtain updated medical records and schedule the Veteran for a VA examination.

The Board finds that the Veteran's PTSD is due to disease or injury incurred in service, and grants his claim for service connection.

The VA Board found no evidence of residuals from the Veteran's in-service head injury, and thus denied service connection for residuals of TBI.,VA did not find a current bilateral hearing loss disability or tinnitus that is related to service.

The Veteran's claim for an initial disability evaluation in excess of 10 percent for residuals of a traumatic brain injury prior to October 23, 2008 was denied. The Board also denied the claim for entitlement to a total rating based upon individual unemployability due to service-connected disability prior to October 23, 2008.

The Veteran's service-connected residuals of frostbite of the right hand with Reynaud's syndrome are currently rated at 30 percent, and there is no evidence to support an extraschedular rating.

The Veteran's appeal is being remanded for additional development, including scheduling of VA examinations and obtaining relevant medical records.

The Veteran's service connection claims for chronic bronchitis with COPD, frostbite injuries to both feet, cervical spine degenerative disc disease, left hip arthritis, and bilateral hearing loss were granted effective September 27, 2002. His claim for tinnitus was granted effective August 17, 2006.

The Board has denied the Veteran's claims for service connection for residuals of frostbite of both feet, early DJD of the right knee, early DJD of bilateral ankles, and DDD at L5-S1 with spondylosis. The evidence does not support a finding that these conditions are related to active service.

The Veteran's claims for service connection for traumatic brain injury and sciatic nerve disability are being remanded due to the unavailability of his service medical records. A VA examination is needed to determine if these conditions are related to his active service.

The Veteran's combined disability rating is 80 percent, which meets the schedular requirements for consideration of a TDIU. The Board finds that his service-connected disabilities alone are sufficiently severe to produce unemployability.