Traumatic brain injury (TBI) decisions — 2013

The Board has decided that the Veteran's appeal is not about service connection and thus does not address any of his claims for service connection. The case must be remanded to schedule a videoconference hearing.

The Veteran's claim for service connection for bilateral pes planus is denied as there is no competent, credible and probative evidence of current bilateral pes planus.,The Veteran's claim for service connection for residuals of frostbite of the bilateral knees (claimed as knee disability) is denied as there is no competent, probative medical evidence of any residuals of frostbite or any knee disability.,The Veteran's request to reopen a previously disallowed claim for service connection for heart disorder (previously characterized as rheumatic heart disease and claimed as a heart murmur) has not been met with new and material evidence. The January 1960 denial remains final.,The Veteran's claim for an initial rating in excess of 30 percent for PTSD is denied as the symptoms do not meet or approximate the criteria for a higher rating under Diagnostic Code 9411.,The Veteran's request for an effective date earlier than December 17, 2008 for service connection for PTSD lacks legal merit.

The Veteran's claim is being remanded due to an outstanding hearing request. The appeal will be decided on the merits after a new hearing date and location are provided.

The Veteran's TBI, stroke, and right-sided hemiparesis with spasticity are found to be related to his service-connected PTSD. The claims for reopening of left shoulder, right knee, left knee, ankle, back, shin splints, and PTSD have been granted.

The Board has determined that additional development is needed for the appellant's claims of service connection for a joint condition and traumatic brain injury. The case will be remanded to obtain missing records, provide VA examinations, and readjudicate the issues.

The Board has determined that additional development is needed to clarify the Veteran's service connection claim for TBI residuals, including obtaining relevant medical records and providing a clear opinion regarding the relationship between his current symptoms and service.

The Veteran requested withdrawal of his appeal for the issues related to scars on the head, PTSD, bilateral hearing loss, sleep apnea, traumatic brain injury, melanoma and dental condition.

The Board has found that the Veteran does not have any current frostbite residuals in his right hand, and therefore service connection for this condition is denied.

The Board has determined that the Veteran's right eye disability, lung disability, and traumatic brain injury residuals are related to his service. The case is being remanded for additional examinations and opinions.

The Veteran's appeal was dismissed due to his death, and no service connection decision could be made.

The Veteran's appeal for special monthly compensation based on the need for regular aid and attendance was denied as he did not meet the criteria of being permanently bedridden or needing regular aid and attendance due to his service-connected disabilities.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing before a member of the Board at the Los Angeles, California VA RO.

The Board finds that the Veteran's current left foot disability, resulting from a stress fracture sustained during active duty for training (ACDUTRA), is service-connected.

The Veteran's claim for service connection for residuals of traumatic brain injury (TBI) is granted. The Board finds that the Veteran has cognitive impairment consistent with a TBI, and this disability is considered to be a residual of his deployment in Iraq. Service connection for this condition is granted as it meets all criteria: current disability, nexus to service/event therein, and no presumption or secondary relationship.

The Veteran requested to withdraw his appeal for an initial compensable rating for residuals of a traumatic brain injury.

The Veteran's service-connected disabilities, when considered individually and combined, do not meet the criteria for a TDIU based on their severity alone. However, his age and other medical conditions are deemed to contribute to his unemployability.

The Board has reopened the Veteran's claims for service connection for right and left knee disabilities, but is unable to proceed with a decision on the merits due to the need for additional development.

The Board has determined that additional development is needed to determine if the Veteran sustained a head injury during service and whether he currently suffers from residuals of such an injury. The case will be remanded for these purposes.

The Veteran's service-connected TBI is currently rated as 10 percent prior to April 16, 2012, and as 70 percent thereafter. The Board finds that the evidence does not support a higher rating for any period of time.

The Veteran's appeal involves multiple service-connected disabilities, including lumbar strain, cervical strain with bilateral radiculopathy, right hip strain, and traumatic brain injury. The issues include increased ratings for these conditions as well as a TDIU prior to September 11, 2008. Additional development is needed due to incomplete examination reports and conflicting employment history.