Traumatic brain injury (TBI) decisions — 2014

The Board has reopened the Veteran's claim for service connection for a traumatic brain injury due to new and material evidence submitted since the last denial. However, further development is needed before the merits of the claim can be addressed.

The Veteran's cognitive disorder due to traumatic brain injury has been rated at 50 percent since October 23, 2008. The current level of impairment is characterized by reduced reliability and productivity.

The Veteran's residuals of traumatic brain injury, including cognitive impairment and other symptoms, have not met the criteria for a rating in excess of 10 percent prior to January 23, 2009, or in excess of 70 percent since that date.

The Veteran's service connection claim for the residuals of frostbite, to include peripheral neuropathy, is granted as it is more likely than not that his current condition is due to an in-service cold weather injury.

The Board has ordered additional development to determine if the Veteran suffered from Traumatic Brain Injury and an Acquired Psychiatric Disorder during service, which may have contributed to his death. The appeal is being remanded for further review.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and post-service medical records to determine the nature and etiology of his claimed conditions.

The Board has reopened the claim for service connection for frostbite of the feet and assigned new diagnoses such as heel spurs. The Veteran's claims for a left hand laceration injury and hypertension are remanded for further development.

The Veteran's service-connected PTSD is currently rated at 50 percent, and his claim for a higher rating remains pending. The Board has granted service connection for residuals of an in-service TBI but did not address the issue of increased ratings.

The Board finds that the Veteran does not have current residuals of a TBI or a headache disorder that is related to service. The preponderance of evidence is against both claims.

The Board has determined that the Veteran's claim for service connection for a traumatic brain injury (TBI) requires additional development, including obtaining medical opinions to clarify whether his current symptoms are related to TBI and distinguishing between any symptoms attributable to service-connected conditions and those potentially due to TBI. The case is therefore REMANDED.

The Veteran's TBI with chronic daily headaches, neuralgia of the head, and mild cognitive impairment is shown to include complaints of headaches, dizziness and loss of balance, sensitivity to light, and memory loss and loss of concentration. The Board found that more than a mild subjective cognitive or emotional/behavioral deficit equating to level 2 traumatic brain injury impairment was not demonstrated.

The Board has determined that the evidence is in equipoise as to whether a TBI is related to service, and therefore grants service connection for a TBI.

The Veteran's appeal is being remanded to allow for a Travel Board hearing. The issues on appeal include service connection for various knee disorders, PTSD, traumatic brain injury with headaches, and gastrointestinal disorder.

The Board has determined that the Veteran's TBI was incurred in service and is not due to his own willful misconduct. The Veteran's vision disorder, seizure disorder, and cognitive disorder are found to be secondary to his service-connected TBI.

The Veteran is found to have residuals of a head injury, including traumatic brain injury (TBI), that are due to disease or injury incurred in active service. Service connection for these residuals is granted.

The Veteran seeks service connection for residuals of a traumatic brain injury, including a headache disorder. The Board has remanded the case due to incomplete development and the need for additional medical opinions.

The Veteran's claim for residuals of cold injuries of the hands and feet (claimed as frostbite) is denied because there are no separate and distinct manifestations not already associated with service-connected conditions.,Service connection for a sinus condition, to include left-frontal sinusitis and allergic rhinitis, is denied due to lack of evidence showing an in-service injury or disease that resulted in current symptoms. The Veteran's currently-diagnosed allergic rhinitis is attributed to environmental allergens rather than military service.

The Board has denied the Veteran's claims for service connection for residuals of traumatic brain injury, tinnitus to include as secondary to TBI, and headaches with light sensitivity to include as secondary to TBI due to a lack of current disability evidence.

The Board found that the Veteran's claimed residuals of a traumatic brain injury, including blurred vision, were not incurred in or aggravated by active service.

The Veteran's hepatitis C with fatigue is rated at 20 percent, and he has a compensable rating for frostbite of the hands, ears, face, and feet prior to September 1, 2010. The Veteran does not meet criteria for higher ratings for his other service-connected conditions.