Traumatic brain injury (TBI) decisions — 2012

The VA determined that there is no evidence of a traumatic brain injury during service or since, and the medical examiner found no residuals of such an injury. The claim for service connection for the residuals of a traumatic brain injury was denied.

The Board found that the Veteran's current traumatic brain injury residuals are not related to events during military service and denied his claim for service connection.

The Board finds that the Veteran's current residuals of a cold injury, including frostbite and pain in feet, knees, and legs, are related to his period of active duty service. The Veteran also has bilateral hearing loss that is likely incurred during active military service.

The Board has granted a disability rating of 40 percent for the appellant's traumatic brain injury, which produces moderate sleep disturbances and memory loss. A separate 30 percent rating is also granted for residuals of TBI-depression.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for hypertension, residuals of frostbite of the feet, and residuals of frostbite of the face. The Veteran's current diagnoses of left ear hearing loss disability and tinnitus are in equipoise with the opinion that these conditions were not incurred during active service.

The Board has determined that the Veteran does not have residuals of a traumatic brain injury or low back disorder that began in service and are causally related to active service. As such, the claims for service connection are denied.

The Board finds that the Veteran's bilateral foot disability, including residuals of frostbite, and his onychomycosis/hypertrophic nails are related to his active military service. The Veteran was exposed to cold weather during service, which led to cold injuries to his feet. His current symptoms have been present since service.

The Board has determined that additional development is needed to properly evaluate the Veteran's claims, including for PTSD and his low back disability. The TDIU issue is also part of this appeal.

The Board has determined that the Veteran's current symptoms, including dizziness and headaches, are related to a head injury sustained in service. The claim for service connection is granted.

The Board has determined that the Veteran's psychiatric disorder, depression, is not related to his active service and therefore denied service connection for this condition. The heart disorder was also found not to be related to service.

The Board has determined that there is no evidence of a service-connected traumatic brain injury or any related residuals. The Veteran's headaches, if present, are not shown to be directly related to his military service.

The Board has remanded the case for further development due to a request by the Veteran to withdraw his appeal regarding the rating for a left mastectomy scar. The main issue remaining is whether the Veteran has residuals of a traumatic brain injury (TBI) from service.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's claimed conditions, including whether they are related to service.

The Veteran's sexual dysfunction is found to be proximately due to or the result of service-connected disability. The Board also finds that he has TBI with adjustment disorder, PTSD with depression, and posttraumatic headaches, all of which are rated at their maximum levels under VA regulations.

The Veteran does not have a TBI and the Board finds service connection is not warranted for this condition.

The Veteran's appeal is being remanded for further development, including TBI and low back pain examinations, as well as a review of his claim for TDIU.

The Board has remanded the case due to issues related to service connection for residuals of traumatic brain injury and headaches. The Veteran raised informal claims for these conditions, but a decision on their merits is required.

The Board has determined that the Veteran's TBI and recurrent headaches are related to his active military service, granting service connection for these conditions.

The Veteran's appeal is remanded for additional examinations and development to determine the current severity of his service-connected PTSD with bipolar disorder, traumatic brain injury residuals, and migraine headaches. The effective date remains pending further action.

The Board has remanded the case for additional development, including obtaining service personnel records and medical records from VA and other sources. The Veteran's claims will be reconsidered based on the new evidence.