Traumatic brain injury (TBI) decisions — 2013

The Veteran's appeal is being remanded for additional development of his service connection claims, including obtaining relevant medical records and providing clarifying opinions regarding the nature and etiology of his claimed conditions.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and conducting VA examinations.

The Veteran's appeal is remanded due to the need for additional medical records and an updated opinion from the VA examiner regarding his service connection claim.

The Veteran's claim for service connection for the residuals of a traumatic brain injury is denied as there is no credible evidence showing he sustained such an injury in service.

The Veteran's claimed residuals of a head injury, including organic brain disease, traumatic brain injury, seizures, headaches, and loss of taste, are not shown to be due to an event or incident in service. The Board finds that the evidence does not support service connection for these conditions.

The Veteran's TBI, PTSD, bilateral hearing loss, and post traumatic headaches are all rated at their maximum levels. The Veteran is granted a higher initial evaluation for his PTSD from July 29, 2010 to December 14, 2011, and since December 15, 2011. He is also granted TDIU.

The Veteran's claims for service connection for PTSD, a psychiatric disability other than PTSD, cervical spine disability, degenerative changes of the lumbar spine, left hand disability to include frostbite residuals, and right hand disability to include frostbite residuals have been denied as there is no competent evidence linking these conditions to his military service.

The Board has determined that the Veteran's PTSD and residuals of TBI are service-connected based on direct evidence.

The Veteran's service connection claim for TBI-related conditions including scars, headshake, balance, gait, and coordination disturbances is granted. The decision does not address the rating assigned or effective date.

The Board has determined that the Veteran's claimed residuals of a traumatic brain injury are not service-connected, as there is no medical evidence linking his current symptoms to his in-service exposure to IED detonations. The claim for bilateral pes planus and an increased rating for hiatal hernia and gastroesophageal reflux disease (GERD) has been remanded.

The Board has determined that additional development is necessary before the claim for service connection for residuals of a concussion, including TBI can be decided. This includes obtaining inpatient clinical medical records from Vietnam and attempting to obtain VA or private medical treatment records.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.

The Veteran's appeals for increased evaluations for residuals of frostbite in both the right and left feet have been dismissed as he has withdrawn his appeal.

The Board has determined that the Veteran does not have or had residuals of frostbite of the hands during his appeal period, and therefore denied the claim for service connection.

The Veteran's service-connected disabilities do not render him unemployable, as he has been able to secure and maintain employment in various roles over the past year.

The Board has reopened the Veteran's claim for service connection for residuals of traumatic brain injury, including headaches and cognitive impairment. The evidence supports a finding that these conditions are related to his in-service motor vehicle accident.

The Veteran's claim for service connection for residuals of frostbite and Raynaud's disease is being remanded due to the need for additional development, including obtaining VA treatment records and personnel records.

The Board has determined that the effective date for service connection of residuals of traumatic brain injury is January 21, 2009. The Veteran's claim was received on this date and he did not appeal the initial rating assigned.

The Board found that the Veteran's claimed conditions are not related to service and denied his claim for service connection.

The Board has found that the Veteran's traumatic brain injury is related to his service, and thus grants service connection for this condition.