Traumatic brain injury (TBI) decisions — 2012

The Board has determined that the Veteran sustained a head injury during service in April 2003, and currently has diagnosed TBI. The Board finds that the Veteran's TBI is as likely as not related to her in-service motor vehicle accident, thus granting service connection for TBI.

The Veteran's claims for service connection for a right calf disability, frostbite residuals of the bilateral lower extremities and feet, and hepatitis C were denied. The Board found no current right calf disability and insufficient evidence to establish continuity of symptomatology.

The Veteran's appeals for higher initial ratings for posttraumatic stress disorder and traumatic brain injury have been dismissed as the Veteran has withdrawn his appeal.

The Veteran's PTSD causes occupational and social impairment, with deficiencies in most areas, but does not result in total occupational and social impairment. A 70 percent rating for PTSD is granted from June 1, 2008 forward.

The Veteran's claim for service connection for residuals of frostbite of the feet was reopened and granted. The Board found that new and material evidence had been submitted to support his claim.,Service connection for residuals of frostbite of the hands was denied as there is no evidence showing such condition was incurred in or aggravated by active service.

The Board has determined that additional development is needed to obtain the Veteran's service records and medical treatment records, as well as to clarify his claims for prostate cancer. The appeal will be remanded for these purposes.

The Veteran's claim for service connection for an acquired psychiatric disability, to include a traumatic brain injury is being remanded due to the need for additional development including medical examinations and consideration of his claims.

The Veteran's claim for service connection for traumatic brain injury with headaches, blurred vision and photophobia is being remanded due to the need for a VA examination.

The Veteran's claims for increased evaluations of his service-connected posttraumatic headaches due to TBI and PTSD with insomnia and cognitive disorder, not otherwise specified, due to TBI were granted. The rating for right shoulder tendonitis was also granted, but the claim for a higher evaluation prior to March 6, 2008, is denied. The Veteran's claim for an effective date earlier than September 3, 2010, for the award of service connection for right upper extremity radiculopathy remains pending.

The Board has decided to remand the case for further development due to incomplete records and failure of the Veteran to report for VA examinations. The claim will be reviewed again after all necessary information and evidence are obtained.

The Veteran's claim for a rating in excess of 10 percent for left knee arthritis was denied. The Board found that the evidence did not show flexion limited to 45 degrees or extension limited to 10 degrees, which would warrant higher ratings under Diagnostic Codes 5260 and/or 5261.

The Veteran's noncompensable rating for his service-connected traumatic brain injury was continued in the April 2007 rating decision on appeal. The Veteran contends that he should be awarded an increased rating for his head disability, and a VA examination is required to determine the current severity of his TBI residuals.

The Veteran's claims for service connection for residuals of a traumatic brain injury and sleep apnea, as well as his claim for TDIU, have been dismissed due to the death of the Veteran.

The Board has determined that the Veteran's claims for increased ratings and service connection are not properly adjudicated due to procedural issues, and thus remands the case back to the RO for further action.

The Board denied service connection for a traumatic brain injury with cognitive deficits and right and left lower extremity radiculopathy. The Veteran's lumbar spine disability was found to not warrant an initial rating in excess of 20 percent.

The Board denied service connection for residuals of frostbite to both hands and both feet in March 2007. The Veteran's claim was reopened, but new evidence submitted since the last denial is not considered material or new.

The Board denied service connection for lumbar spine degenerative disc disease, arthritis of the cervical spine, bilateral shoulder arthritis, and residuals of a head injury due to lack of evidence linking these conditions to active military service.

The Veteran's low back disorder and TBI residuals are service connected, while his left knee disabilities warrant increased ratings.

The Veteran's claim for increased ratings for residuals of traumatic brain injury is being remanded due to the need for further development and readjudication.

The Veteran's claims for increased ratings and a compensable rating for bilateral hearing loss were denied. The Veteran's TBI claim remains in appellate status, with the RO having separated his original TBI claim into two issues: an increase to 40 percent effective October 23, 2008, and a separate issue of residuals headaches rated at 30 percent since November 21, 2008. The Veteran's hearing loss was found not to warrant a compensable rating.