Traumatic brain injury (TBI) decisions — 2013

The Board has determined that the appellant's claimed conditions are not service-connected, and thus denied his claims for service connection.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling a VA examination. The Veteran's claims for service connection are pending.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling the Veteran for VA examinations to assess his service-connected disabilities.

The Board has granted service connection for bilateral lower extremity peripheral neuropathy due to cold injury sustained during service. However, hypertension was not incurred in or aggravated by service and may not be presumed to have been.

The Board has determined that there is no evidence of a chronic disability manifested by headaches, which are the result of head trauma or traumatic brain injury sustained during service. As such, the Veteran's claim for service connection for residuals of a traumatic brain injury, to include headaches, is denied.

The Veteran is seeking service connection for traumatic brain injury with concussion residuals and a cognitive learning disorder, both of which are not currently established by the evidence. The Board finds that further development is needed to determine if these conditions are related to her military service.

The Board has determined that the Veteran's cognitive impairment, residual of traumatic brain injury, does not warrant a rating in excess of 10 percent.

The Board has remanded the case for additional development, including obtaining medical records and arranging for examinations to determine the nature and etiology of the Veteran's claimed disabilities.

The Board has determined that the Veteran does not currently have a traumatic brain injury disability and therefore, service connection for this condition is denied.

The Board has remanded the case for additional examinations and opinions to address the Veteran's claims of service connection for various conditions, including an acquired psychiatric disorder, chronic respiratory disability, low back disability, sinusitis, and a cerebral concussion or TBI. The issues are inextricably intertwined with the pending claim for service connection for an acquired psychiatric disorder.

The Board finds that the Veteran does not have a current Traumatic Brain Injury or Cervical Spine Disability (neck condition) related to his active service. The evidence does not support a finding of service connection for either condition.

The Veteran's appeal is being remanded for additional examinations to determine the nature and etiology of his claimed conditions, including traumatic brain injury, cervical spine disorder, thoracolumbar spine disorder, and right shoulder disorder. The claims will be adjudicated again after any necessary development.

The evidence does not demonstrate the current presence of residuals of traumatic brain injury, or that they are related to active military service.

The Board found that the Veteran's residuals of TBI and sleep disorder are not related to his active duty service, as there is no credible evidence of a head injury during service or any current disabilities linked to such an injury. The Veteran's current conditions are attributed to other factors.

The Board has reopened the claims of service connection for various conditions, but denied them as new and material evidence was not provided to substantiate these claims.

The Veteran's claim for service connection for residuals of frostbite of the bilateral foot is being remanded due to incomplete records and the need for a VA examination.

The Veteran's sleep apnea, diabetes mellitus, and traumatic brain injury are all found to be related to service. The Veteran's hypothyroidism disability is not increased beyond the currently assigned 10% rating.

The Veteran's service connection claim for head injury residuals, including TBI residuals and a concussive disorder is granted. The issue of an increased disability rating for chronic tension headaches with an element of common migraine remains pending. The issue of entitlement to a total disability rating for compensation purposes based on individual unemployability (TDIU) has been raised.

The Veteran's claim for a higher initial rating for his service-connected adjustment disorder with depressed mood (including complaints of insomnia) was granted, and an effective date of April 5, 2010 was assigned. The Veteran also received a separate 20 percent rating for his lumbar spine disability secondary to left leg length discrepancy.

The Veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at his local VA office.