Traumatic brain injury (TBI) decisions — 2013

The Board has determined that a new examination is needed to determine the current severity of the Veteran's service-connected residuals of a jaw fracture and whether any residual head injury is related to events in service. The Veteran also needs a VA TBI evaluation by a neurologist to determine if he suffers from any current residuals of a head injury, and if so, whether it is more likely than not related to an accident in service.

The Veteran's hearing loss, tinnitus, and residuals of frostbite of the lower extremities are all found to be related to service. The Veteran is granted an initial 30 percent rating for PTSD.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records, SSA records, and a new examination by a qualified psychiatric examiner to address the claims of service connection for residuals of a traumatic brain injury, PTSD, memory loss, bilateral shoulder disability, nerve damage to the diaphragm, and respiratory disability.

The Board has determined that the Veteran does not have current disabilities of hypertension, mitral valve disorder, post-concussion syndrome (residuals of TBI), restless leg syndrome, sleep apnea, left ankle disorder, left hip disorder, or right knee disorder. As such, service connection for these conditions is denied.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and conducting further examinations to address the Veteran's claims for service connection.

The Board found no evidence of a relevant injury or event during active service that resulted in a Traumatic Brain Injury (TBI), and concluded that the Veteran's symptoms were not chronic in service. The weight of the evidence does not support a finding of continuous TBI symptoms since separation from service.

The Board has remanded the Veteran's claims for service connection and increased rating of his left knee disability due to procedural deficiencies, lack of proper adjudication of a previously denied claim for service connection, and need for additional development including VA examinations.

The Veteran's appeal is being remanded to obtain a new VA examination(s) and determine whether the Veteran, based on his work history, level of education, and service-connected disabilities, but not his age or any nonservice-connected disability, is unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for further development due to the Veteran not appearing for scheduled VA examinations. The claim will be reconsidered after these examinations.

The Veteran's service-connected disabilities, including traumatic brain injury and headaches, prevent him from engaging in substantially gainful employment.

The Veteran does not have residuals of a traumatic brain injury or an acquired psychiatric disorder other than PTSD that were caused by his service.

The Veteran's claims for service connection for residuals of a traumatic brain injury, tinnitus, and bilateral hearing loss were all granted. The claim for bilateral hearing loss was reopened based on new evidence received since the prior final denial.

The Veteran's claim for service connection for residuals of frostbite of the hands and feet is being remanded due to the need for a VA examination to determine if he has any cold-related disabilities related to his military service.

The Board has determined that further development is needed to properly adjudicate the Veteran's claims for service connection, including obtaining additional medical records and scheduling a VA examination.

The Veteran seeks a higher rating for his service-connected headaches, residuals of traumatic brain injury (TBI). The case is being remanded to obtain updated medical records and to schedule the Veteran for a VA examination to assess the current severity of his disability.

The Board finds that the Veteran does not have a current disability of frostbite or its residuals, blurry vision, recurrent heat stroke, drooling, whole body muscle pain and tightness, hyperglycemia, back disability, bronchitis, or vertigo. The preponderance of evidence is against these claims.

The Veteran does not have any residuals of a TBI that can be related to his period of service.

The Board has remanded the Veteran's claims for additional development, including obtaining medical examinations to determine if he has a current low back disability related to service and/or frostbite residuals of the feet. The claims will be reconsidered in light of this new evidence.

The Board has granted service connection for residuals of a traumatic brain injury and assigned an initial 10 percent disability rating, effective February 17, 2010. The effective date is based on the receipt of the original claim filed on December 13, 2004.

The Veteran's TBI with vertigo, migraine headaches associated with the condition, and bilateral tinnitus are now rated at 40 percent effective October 23, 2008.