Traumatic brain injury (TBI) decisions — 2013

The Veteran seeks service connection for residuals of frostbite to the feet, which he claims are related to exposure to cold weather during his service in Germany. The Board has determined that additional development is needed due to missing service treatment records and outstanding VA treatment records.

The Veteran's appeal is being remanded for additional development due to the need for a Travel Board hearing. The issues of service connection, reopening claims for bilateral hearing loss and frostbite are pending.

The Board has decided to remand the case for further development of factual and medical evidence, including obtaining any outstanding VA treatment records and obtaining a VA medical opinion.

The Board has determined that the Veteran does not have a low back disorder, neck disorder, or TBI residuals that began in service and are related to such service.,As such, the claims for service connection for these conditions have been denied.

The Board denied the Veteran's claims for service connection for residuals of traumatic brain injury, patellofemoral syndrome of the right knee, patellofemoral syndrome of the left knee, and a cervical spine disorder. The evidence did not establish current disabilities or link these conditions to his military service.

The Veteran's PTSD is rated at 50 percent, effective from the date of the rating decision. Service connection for lumbar spine disability, cervical spine disability, and residuals of traumatic brain injury are not granted.

The Board has determined that the Veteran's muscle and joint pain is due to an undiagnosed illness, which is not attributable to any known clinical diagnosis. Service connection for this condition is granted.

The Board has determined that new and material evidence has been received to reopen the claims for service connection of headaches, dental injury, head injury (traumatic brain injury), neck injury, and mandible injury. However, no new or material evidence was submitted within one year of notice of the final denial, making these claims still denied.

The Veteran's service connection claim for residuals of a traumatic brain injury (TBI), to include headaches, is granted as the evidence supports that he experienced a head injury in Somalia during his active duty and has residual disabilities.

The Veteran's atrial fibrillation manifested with fewer than four episodes per year, and thus a disability rating in excess of 10 percent is not warranted. The Board finds that the evidence does not support reopening his claim for service connection for chronic strain of the inner thighs or establishing service connection for heart disorders or TBI.

The Board found that the Veteran's headaches were not incurred in or aggravated by active service.,A bilateral hearing loss disability was not shown during service or for many years thereafter, and the weight of the probative evidence is against a finding that a current bilateral hearing loss disability is related to active military service.

The Board has remanded the case for additional development, including scheduling of hearings before a Decision Review Officer and a Travel Board. The Veteran's claims will be further considered based on this new information.

The Board denied the Veteran's claims for service connection for residuals of a head injury, residuals of frostbite, and glaucoma. The evidence did not support these claims.

The Veteran's combined disability evaluation is 60 percent, including a 50 percent rating for PTSD and 10 percent ratings for tinnitus, vertigo, and traumatic brain injury. The Veteran has post-service occupational experience as an electronics/fire alarm technician, driver, tour guide, and unpaid volunteer positions. His service-connected disabilities do not preclude substantially gainful employment.

The Board finds that the preponderance of the evidence is against a grant of service connection for frostbite of the feet and bilateral shoulder disorder, as there are no chronic or progressive symptoms documented in the claims file. The April 2012 VA examination report did not provide an opinion on whether these conditions were related to active service.

The Veteran's appeal has been remanded for additional development to obtain medical records and for addendum opinions from the November 2010 VA spinal disorders examiner. The claims for service connection for left heel disability, residuals of perforated left eardrum, TBI, whiplash trauma, and migraine headaches are pending.

The Board has remanded the case for scheduling a Travel Board hearing before a member of the Board sitting at the Roanoke RO. The Veteran must be provided an opportunity to present testimony during this hearing.

The Board found no evidence of a service-connected dental disability for compensation purposes. For the low back and headaches, the Board determined that there was insufficient medical evidence to establish a link between current disabilities and service.

The Board has determined that the Veteran's residuals of frostbite of the hands and feet were incurred during active service, as evidenced by his reported history of cold exposure in Germany and subsequent symptoms.

The Veteran's skin disorder is found to be secondary to his service-connected PTSD, and the Board finds that he meets the criteria for a TDIU effective July 25, 2008.