Traumatic brain injury (TBI) decisions — 2014

The Veteran's claims for traumatic brain injury, bilateral hearing loss, and Meniere's syndrome are being remanded due to the need for additional development. The issues of service connection for traumatic brain injury and whether new and material evidence has been received to reopen the claim of entitlement to service connection for bilateral hearing loss will be deferred until the remand is completed.

The Veteran's claims for service connection for TBI residuals and a sleep disorder, to include as secondary to PTSD, were denied. The Board found that the evidence did not support current diagnoses of these conditions.

The Veteran's PTSD has been rated at 70 percent since December 25, 2008. He is granted a TDIU based solely on his PTSD and also qualifies for SMC at the housebound rate effective December 25, 2008.

The Veteran is seeking service connection for various conditions, including prostate cancer and polycythemia vera. The appeal will be remanded to obtain additional medical records and to schedule the Veteran for an examination to determine the nature and etiology of any diagnosed blood disorder found.

The Veteran's claims for increased evaluations of his service-connected residuals of traumatic brain injury and left eye disability are being remanded due to the need for additional development, including VA examinations.

The Board has determined that the appellant's receipt of an other than honorable discharge was related to willful and persistent misconduct, but is considering whether his actions were due to a mental health condition. The appeal is being remanded for further development including obtaining service treatment records.

The Board has determined that the Veteran's lung disability and residuals of traumatic brain injury, to include dizziness and headaches, were not incurred or aggravated as a result of active service.

The Veteran's appeal has been withdrawn by the appellant, resulting in the dismissal of all issues.

The Veteran is seeking service connection for residuals of frostbite in both upper and lower extremities. The case has been remanded to obtain updated treatment records, conduct a VA examination, and determine the etiology of any current foot or hand disabilities related to his active military duty.

The Board has remanded the case for further development, including scheduling a VA psychiatric examination to determine whether the service-connected schizophrenia caused or aggravated the Veteran's alcohol, cocaine and marijuana abuse. The RO should also request that the Veteran submit any outstanding documents referenced by his attorney, and schedule him for a VA dermatology examination to determine the current severity of his service-connected herpes simplex.

The Board has granted service connection for residuals of traumatic brain injury, tinnitus as a residual of TBI, and headaches with light sensitivity as a residual of TBI. The Veteran's conditions are found to be related to his in-service head injuries.

The Veteran's appeal for vision problems as due to a TBI was withdrawn prior to the Board's decision.,Service connection for a TBI and memory loss disorder is not established.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and extent of any neurological disorder and other residuals of a traumatic brain injury.

The Board has determined that the Veteran does not have a disability consisting of symptoms caused by or otherwise related to in-service traumatic brain injury (TBI). Therefore, service connection for TBI residuals is denied.

The Veteran's traumatic brain injury was manifested by subjective complaints of headaches and memory loss prior to October 23, 2008. From October 23, 2008, the criteria for a rating in excess of 40 percent have not been met.

The Board finds that the effective date for the grant of service connection for TBI with headaches should be October 1, 2006, but no earlier. The Veteran's original claim included symptoms later attributed to his TBI.

The Board has denied the Veteran's claims for service connection for residuals of a gunshot wound to the head and residuals to a left eye injury, finding no current disabilities related to these conditions.

The Board has granted service connection for PTSD and denied the remaining issues of service connection. The Veteran is now service connected for a mood disorder, but not for chloracne, psoriasis, IBS, hearing loss, tinnitus, fibromyalgia, or residuals of frostbite.

The Veteran's tinnitus is service-connected based on in-service noise exposure and current bilateral tinnitus. The Board finds the evidence to be in equipoise regarding whether his acquired psychiatric disability, lumbar spine disability, right lower extremity neuropathy, left lower extremity neuropathy, and right foot disability are related to service.

The Board denied the Veteran's claims for service connection for fibromyalgia, bilateral posterior tibial tendonitis, and residuals of frostbite of the second toe of the left foot as secondary to his service-connected bilateral pes planus with plantar fasciitis. The Veteran was also denied an increased rating for pseudofolliculitis barbae.