Traumatic brain injury (TBI) decisions — 2013

The Board has determined that the Veteran does not have any current disability that is a residual of a cerebral concussion/TBI in service, and therefore, service connection for residuals of a cerebral concussion/TBI is denied.

The Veteran's claim for an earlier effective date of July 26, 2008 for special monthly pension based on the need for regular aid and attendance was granted. The Board found that the evidence is in relative balance regarding whether the criteria for A&A were met as of April 11, 2007.

The Board found that the Veteran's claimed residuals of traumatic brain injury (TBI) have not been present during the period of his claim and concluded that service connection is not warranted.

The Veteran's PTSD was rated at 30 percent prior to January 29, 2013 and increased to 70 percent thereafter. The compensable rating for the shrapnel wound to the head remains denied.,TDIU is granted.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to address her claims.

The Veteran's TBI, claimed as residuals of a head injury such as dizziness and nausea, was not incurred in active service.,A mood disorder was not incurred in active service.

The Veteran's claims of service connection for a left heel disability and cold injury residuals of the lower extremities were previously denied in June 1995 due to lack of medical evidence. The claims have now been reopened with new evidence showing current sinusitis.,New evidence has not been received that relates to an unestablished fact necessary to substantiate the claims of service connection for a left heel disability and cold injury residuals of the lower extremities.

The Board has granted the Veteran's claim of service connection for an acquired psychiatric disorder other than PTSD, most recently diagnosed as Depressive Disorder, NOS, on a secondary basis to his service-connected PTSD.

The Board has determined that the Veteran's bilateral hearing loss and residuals of a head injury or TBI were not incurred in or aggravated by his active duty military service.

The Veteran's claims for service connection for residuals of cold injuries (frostbite) of the right foot and a left shoulder condition are denied as there is no current diagnosis or evidence linking these conditions to his active military service.,There is no medical evidence showing that the Veteran has any current disability related to frostbite or a left shoulder injury during his period of service.

The Veteran's service-connected disabilities do not cause functional limitations that prevent him from overcoming his employment handicap, and thus he is not entitled to vocational rehabilitation training under Chapter 31 of Title 38 of the United States Code.

The Veteran's appeal is being remanded due to his request for a hearing before a Veterans Law Judge sitting at the RO.

The Veteran's PTSD and TBI have been rated as 30 percent prior to June 20, 2012 and 70 percent thereafter. The Board finds that the evidence does not support a higher rating for either condition.

The Veteran's claim for service connection for peripheral vascular disease of the hands and feet as a residual of frostbite was denied in June 1959. The effective date for this grant is December 29, 2006.

The Veteran's claim for an initial disability evaluation in excess of 10 percent for traumatic brain injury with mixed tension headaches is being remanded due to the need to obtain additional medical records.

The Board found that the Veteran's brain damage is not related to his military service or a service-connected disability, and thus denied his claim for service connection.

The Board finds that service connection for a traumatic brain injury and its residuals, as well as for an acquired psychiatric disorder other than the already service-connected mood disorder, is warranted based on new evidence received since the last final denial of the claim.

The Veteran's right ear hearing loss meets the criteria for a service-connected disability.,Chronic back pain in service and post-service symptoms support service connection for low back degenerative joint disease.,There is no credible evidence of a traumatic brain injury related to service, nor any current diagnosis. Service connection is denied.,The Veteran's currently diagnosed sleep apnea is not related to service.

The Board has remanded the case for further development of evidence, including a VA examination to determine if the Veteran has current residuals from his 1963 frostbite and whether it aggravated or accelerated any subsequent disease changes caused by diabetes and/or vascular disease.

The Veteran's appeal has been withdrawn by his authorized representative.,The Veteran's appeal has been withdrawn by his authorized representative.,The Veteran's appeal has been withdrawn by his authorized representative.,The Veteran's appeal has been withdrawn by his authorized representative.,The Veteran's appeal has been withdrawn by his authorized representative.,The Veteran's appeal has been withdrawn by his authorized representative.,The Veteran's appeal has been withdrawn by his authorized representative.