Traumatic brain injury (TBI) decisions — 2014

The Board has determined that there is no evidence of a current disability related to the Veteran's claimed right frozen foot or left wrist ganglion cyst, and thus service connection cannot be established.

The Veteran's service connection for TBI was granted, and a compensable evaluation of 10% was assigned for instability of the right knee prior to August 7, 2012. The claim for TDIU remains pending.

The Board determined that the Veteran did not serve in Vietnam and thus could not establish exposure to herbicides. The claims for PTSD, bilateral eye disability, GSW/SGW residuals, scars of the face and right armpit, and TBI were all denied as there was no credible evidence linking any current conditions to service.

The Board denied service connection for various conditions, including a disability of the gums and related secondary claims. The Veteran did not have a diagnosed gum condition during service or at any time since.

The Board determined that the Veteran does not have current residuals of a traumatic brain injury, and therefore cannot establish service connection for this condition. The cervical spine disorder, thoracic spine disorder, and left upper extremity disorder are also not related to active duty service.

The Veteran's claim for service connection for headaches and decreased memory due to TBI was granted with an effective date of June 26, 1992. The right knee scars are rated as 10 percent disabling.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, residuals of frostbite to hands and feet, and Reynaud's syndrome. The evidence did not show a current disability or in-service incurrence or aggravation.,There was no evidence of a chronic disease shown during service or within one year after separation from service.

The Veteran's claims for increased disability rating and service connection for TBI are being remanded due to the need for additional examinations and consideration of his assertions.

The Veteran's service-connected disabilities do not render him unable to care for his daily needs without requiring the regular aid and attendance of another person; he is neither bedridden nor housebound.

The Board has reopened the Veteran's claim of service connection for a respiratory disability due to exposure to asbestos and/or petroleum products. The case is remanded for further development, including VA examinations.

The Board denied service connection for cervical spine disorder, pelvis disorder, and residuals of a concussion (memory loss) in July 2005. New evidence submitted since then does not relate to an unestablished fact necessary to substantiate the claims.

The Veteran's claims for service connection for traumatic brain injury and right ankle disorder are being remanded due to the need for additional development, including obtaining relevant VA treatment records and Social Security Administration (SSA) records.

The Board finds that the Veteran's current lower extremity and foot disorders, including gout in his feet, osteoporosis to his feet, toenail changes, and peripheral vascular disease, are not related to his service. The VA examiners opined that these conditions were less likely than not caused by or incurred during his service.

The Board has denied the Veteran's claims of service connection for bilateral senile cataracts and chronic lumbar myositis. The issues pertaining to DJD of the elbows and shoulders have been remanded due to insufficient evidence.,The Veteran is not entitled to special monthly pension based on need for regular aid and attendance of another person.

The Veteran's service-connected bilateral hearing loss is currently rated at 10 percent, which does not meet the criteria for a higher evaluation.,The Veteran's service-connected PTSD is currently rated at 30 percent, which does not meet the criteria for a higher evaluation.,The Veteran's service-connected TBI is currently rated as noncompensable (0 percent), and no higher rating is warranted.

The Board denied the Veteran's claims for service connection for TBI, PTSD, and related disabilities. The decision also confirmed a 10% rating for upper lip scars.

The Veteran's PTSD, post-traumatic headaches, and TBI with memory loss and hypersensitivity to sound and light have been granted initial ratings. The PTSD has resulted in occupational and social impairment with reduced reliability and productivity throughout the appeal period. The post-traumatic headaches have not met criteria for a higher rating prior to November 16, 2008, but are rated at 30 percent effective that date. The TBI with memory loss and hypersensitivity to sound and light has been granted an initial rating of 40 percent as of October 23, 2008.

The Board has remanded the Veteran's claims due to a lack of adequate examination and consideration of all relevant evidence, including post-service accident history.

The Board has granted a 40 percent disability rating for residuals of the Veteran's TBI, effective October 23, 2008. The Veteran is not entitled to an increased rating higher than 40 percent.

The Board has determined that the Veteran does not have current residuals of concussion, including traumatic brain injury (TBI), and therefore service connection for these conditions is denied.