Traumatic brain injury (TBI) decisions — 2012

The Board has determined that new and material evidence was not received to reopen the Veteran's claims of service connection for PTSD, frostbite of the left foot, frostbite of the right foot, and a throat scar. As such, these claims remain denied.

The Veteran's service-connected disabilities do not combine to render him unable to secure and follow a substantially gainful occupation.

The Board denied the Veteran's claims for increased ratings for residuals of right and left foot frostbite, finding that there was no evidence to support a higher rating based on current or past symptoms related to his cold weather injury.

The appellant withdrew all of his claims before the Board could make a decision.

The Veteran's appeal has been dismissed due to his death. The Board was notified of the Veteran's passing and as a result, there are no surviving claims for consideration.

The Veteran's appeal is being remanded to schedule a videoconference hearing at the RO due to his withdrawal of previous requests for a Travel Board hearing and request for a videoconference hearing. The issues of service connection for residuals of a traumatic brain injury and increased rating for left knee disability are also being remanded.

The Veteran's appeal is being remanded to obtain additional medical records and an addendum VA medical opinion regarding his hearing loss claim.

The Veteran's low back disorder is not service-connected, and the Board finds that he does not meet the criteria for TDIU benefits based on his service-connected disabilities. The effective date of service connection remains unchanged.

The Veteran's PTSD and frostbite residuals are associated solely with his second, dishonorable period of service. Bilateral hearing loss and tinnitus were not incurred in or otherwise related to active military service.

The Board found no competent and credible evidence of frostbite or cold injury to the upper extremities during service, nor current disability related thereto. As a result, the claim for service connection was denied.

The Veteran's service-connected residuals of traumatic brain injury have been rated at 30 percent, reflecting the severity of his symptoms including headaches and dizziness occurring more than once a week but not resulting in very frequent and prolonged attacks that are completely prostrating.

The Veteran's claim for an effective date prior to April 26, 2008 for a 100% disability rating for PTSD with major depressive disorder was denied. The evidence did not show total occupational impairment.,The Veteran's claim for an effective date prior to November 30, 2007 for service connection of TBI was denied. There is no indication that the Veteran submitted a formal or informal claim before this date.

The Board found no evidence of current disabilities related to the Veteran's claimed broken ankle, shrapnel wounds of the back, or traumatic brain injury. The claims for service connection were denied as there was no direct link between these conditions and his military service.

The Board has determined that the Veteran's claims for service connection for residuals of frostbite to bilateral hands and left lower extremity have been denied as there is no new and material evidence presented, and the current evidence does not support a finding of such conditions.

The Board has determined that the Veteran's claimed traumatic brain injury was not incurred or aggravated during active duty service and thus denied his claim for service connection.

The Board has granted service connection for chronic TBI residuals, finding that the Veteran's condition is etiologically related to active service. The decision is based on the Veteran's reported in-service head injuries and his current diagnoses of post-concussive disorder.

The Board has granted the Veteran's claim for service connection for a bilateral foot disorder, diagnosed as bilateral pes planus. The issue of service connection for hearing loss was dismissed due to the Veteran's withdrawal request.

The Veteran's service-connected disabilities do not prevent him from securing or retaining substantially gainful employment, and his current job as a welder does not qualify as marginal employment.

The Veteran's residuals of TBI have been productive of occupational and social impairment with reduced reliability and productivity, but not to the extent warranting a higher rating.

The Veteran's headaches are rated at a 50% evaluation, effective November 7, 2002. He also received separate service connection for memory loss and states of altered consciousness secondary to his TBI.