Traumatic brain injury (TBI) decisions — 2013

The Board found that the Veteran does not have a current disability related to his service, specifically for residuals of broken toes of the left foot and residuals of frostbite of the left cheek. The VA examiner's opinion was against a finding of a relationship between these disabilities and service.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, thus meeting the criteria for TDIU.

The Board found that the Veteran does not have a bilateral hearing loss disability or cold weather residuals to the extremities due to any incident of his active duty service.

The Veteran's initial claim for a compensable rating for his TBI with headaches has been granted, but the VA examination did not adequately address all aspects of his disability. The case is REMANDED to obtain additional medical evidence and conduct a new VA examination.

The Veteran's residuals of trenchfoot with trichophytosis and onychomycosis (including frostbite) in both feet were rated at 20 percent prior to March 31, 2012. Effective March 31, 2012, the rating was increased to 30 percent for each foot.

The Veteran's TBI post concussion syndrome is related to his military service and the Board has granted entitlement to service connection for residuals of TBI, claimed as post concussion syndrome.

The Veteran's appeal is being remanded to the RO for additional development, including scheduling a hearing before a Veterans Law Judge.

The Board has remanded the case for additional development, including an examination to determine if the Veteran's current peripheral neuropathy is related to a cold weather injury during service. The issue of service connection remains on appeal.

The Veteran's skull fracture is rated at 30 percent, and his TBI-related psychiatric disability remains at 70 percent. A separate 10 percent rating has been granted for cognitive residuals of the TBI that are distinct from PTSD.

The Veteran's appeal has been withdrawn, and thus the case is dismissed.

The Veteran's right leg injury and TBI were not incurred in the line of duty due to his own willful misconduct, resulting in denial of service connection for these conditions.

The Board has decided to remand the Veteran's claim for service connection for a Traumatic Brain Injury (TBI) due to insufficient evidence and the need for further examination. The Veteran reported being wounded in September 1951 during an amphibious landing near Inchon, Korea, with gunshot wounds resulting in loss of teeth on his left lower jaw and injury to his forehead.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's service-connected disabilities, including traumatic brain injury, bilateral hearing loss, tinnitus, and posttraumatic headaches do not prevent him from obtaining and maintaining substantially gainful employment.

Service connection for prostate cancer residuals was granted with a 10% initial disability rating effective from August 20, 2007. The Veteran's prostate cancer residuals included occasional urinal 'dribbling' that did not require the use of absorbent material, nocturia requiring voiding twice per night, and daytime urinary frequency requiring voiding approximately once every two to two and a half hours prior to May 28, 2013.,From May 28, 2013 onwards, service connection for prostate cancer residuals was granted with a 20% initial disability rating. The Veteran's prostate cancer residuals included ongoing urinal 'dribbling' that still did not require the use of absorbent material, nocturia requiring voiding four times per night, and daytime urinary frequency requiring voiding approximately once every one to two hours.

The Veteran's claims for service connection for bilateral hearing loss, traumatic brain injury, and Meniere's disease were denied as there is no evidence of a current disability or in-service event that would support these claims.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the presence of current residuals of frostbite to upper and lower extremities (excluding right foot), and issuance of a statement of the case addressing his higher initial rating claims.

The Veteran's claims were granted, and he was awarded service connection for various conditions. The initial ratings assigned are generally in line with the severity of his disabilities.

The Veteran's claim for an earlier effective date for the award of service connection and a 10 percent rating for TBI residuals was denied. The effective date assigned in the August 2010 rating decision is October 23, 2008.

The Board has granted an effective date of November 7, 1991 for the award of service connection for Traumatic Brain Injury (TBI). The initial rating claim is remanded to assign a higher initial rating prior to October 23, 2008.