Traumatic brain injury (TBI) decisions — 2013

The Board found that the Veteran's residuals of a traumatic brain injury and tinnitus were not incurred in or aggravated by active service.

The Veteran seeks earlier effective dates for service connection and ratings related to his TBI, tension headaches, vertigo, and PTSD.,He also raises claims of clear and unmistakable error (CUE) in prior rating decisions.

The Veteran's appeal is being remanded due to an issue with the scheduling of his video-conference hearing. The Board will schedule him for a new hearing at his most recent address.

The Veteran's claims for increased ratings were denied. The initial compensable rating for dyspepsia was not granted, and the claim for a higher rating for degenerative disc disease of the lumbar spine was also denied.

The Board found no evidence to support the Veteran's claim for service connection for a seizure disorder or residuals of traumatic brain injury, concluding that there is insufficient competent medical evidence to decide the claim.

The Veteran's appeal is being remanded to schedule a hearing and obtain additional medical records. The issues of increased evaluation for bilateral hearing loss and initial evaluation in excess of 10 percent for mild traumatic brain injury with residuals of vertigo are pending.

The Veteran has withdrawn his appeals on multiple issues, including mood disorder due to TBI, seizure disorder due to TBI, vertigo, and pseudofolliculitis barbae (PFB).

The Veteran's dental and TDIU claims are being remanded for further development, including obtaining additional medical records and providing addendum opinions from VA examiners.

The Veteran's appeal involves multiple conditions and issues, including PTSD, depression disorder, anxiety disorder, TBI residuals, low back disorder, dental trauma, loss of sense of smell, and a claim for TDIU. The case is being remanded to reschedule the Veteran for a videoconference hearing.

The Board has determined that the Veteran's current residual disability due to a head injury or TBI is at least as likely as not related to his period of active service, and thus grants service connection for residuals of traumatic brain injury.

The Veteran's PTSD was found to be related to his active service, and he is granted service connection for this condition. The claim of service connection for TBI residuals remains pending as the evidence did not support a finding that there were residuals from the in-service injury.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a TBI and PTSD examination.

The Veteran's claims for service connection for degenerative joint disease of the left wrist and frostbite residuals of cold weather injury (frostbite) were denied. The claim for an initial compensable rating for a left wrist scar was granted with a 0% rating.

The Veteran's service treatment records are unavailable, and there is no current evidence of residuals from cold injury or jungle rot. The Veteran currently does not have a diagnosed toenail fungus.,The Board finds that the Veteran does not meet the criteria for service connection for any of his claimed conditions.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining medical opinions regarding the etiology of his claimed disabilities and whether they are related to his military service.

The Veteran's appeal is remanded due to the need for a new VA examination and additional medical records. The issue of an increased rating for PTSD remains on appeal.

The Veteran's service-connected residuals of frostbite on the left flank are evaluated at a 30 percent rating since the effective date of the award.

The Board has remanded the case for further development due to a need to clarify whether the Veteran's cognitive complaints/symptoms are contemplated by his service-connected psychiatric disability (PTSD with bipolar disorder).

The Veteran's claims for service connection for left shin disability and right eyelid disorder are denied. The claim for residuals of concussion/TBI is pending evaluation.

The Veteran's claims are being remanded due to missing documents and incomplete file. Accrued benefits purposes apply.