Traumatic brain injury (TBI) decisions — 2015

The Veteran's claims are being remanded due to the need for a VA examination to assess his residuals of traumatic brain injury and post-concussion headaches.

The Veteran's appeal is being remanded due to the need for a Travel Board/videoconference hearing. The TDIU rating issue is inextricably intertwined with the PTSD rating matter and must be deferred until that matter is resolved.

The Board has determined that the Veteran does not have residuals of frostbite to the face and gums, a dental disorder (teeth number 18 and 19 extracted), an inguinal hernia, Hepatitis C, a gastrointestinal disorder claimed as acid reflux, or intestinal polyps due to service. The claims are therefore denied.

The Board has remanded the case for scheduling a personal hearing before a Veterans Law Judge (VLJ) sitting at the RO or in the alternative, a videoconference hearing.

The Veteran's service-connected residuals of frostbite of the hands have increased in severity, and a remand is required to schedule him for an additional VA examination to determine the current severity of his disability.

The Veteran's claims are being remanded for additional development, including obtaining Tricare treatment records and scheduling a new VA examination to address the current severity of his lumbar spine disability.

The Board has granted service connection for residuals of frostbite, specifically neuropathy of the left and right lower extremities. The other issues have been addressed in the decision.

The Board has determined that the Veteran's initial claim for service connection encompassed both PTSD and TBI, and thus an effective date of August 31, 2007 is granted for the grant of service connection for TBI.

The Veteran's appeal was dismissed due to the death of the appellant.

The Veteran's appeal is being remanded for additional development, including obtaining relevant VA treatment records and scheduling a TBI examination to address the issue of whether his psychiatric disorders are related to his service-connected traumatic brain injury.

The Board of Veterans' Appeals has determined that the Veteran does not have a Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.

The Board found that the Veteran's right big toe amputation was not related to his service and denied his claim for service connection.

The Veteran's appeal was denied for various issues, including service connection claims and rating determinations. The Board found that the evidence did not meet the criteria for a compensable initial rating for tension headaches or for service connection for other conditions.

The Veteran withdrew his appeals for service connection for a traumatic brain injury, an initial rating in excess of 10 percent prior to May 8, 2012 and in excess of 20 percent from May 8, 2012 forward for bilateral hearing loss, and entitlement to TDIU.

The Veteran's back disorder and TBI are related to his active duty service, but there is insufficient evidence to establish a connection for the left shoulder disorder.

The Veteran's service connection claim for tinnitus is granted as it was incurred in active service. The other claims are pending and will be addressed further.

The Board has reopened the Veteran's claim for TBI with migraine headaches and finds that service connection is warranted due to a causal relationship between his military boxing career and current TBI residuals.

The Board has determined that the Veteran's service connection claims for residuals of traumatic brain injury, residuals of whiplash trauma, and migraine headaches are not supported by the evidence. The Veteran's assertions regarding his in-service injuries have been considered, but there is no clear and unmistakable evidence to support a finding that these conditions preexisted service or were aggravated during service.

The Veteran's service-connected traumatic brain injury is found to have contributed substantially or materially to his death, and thus the claim for service connection for the cause of death is granted.

The Veteran's claims for service connection for a traumatic brain injury and an increased rating for degenerative arthritis (cervical spine) are denied. The claim for a compensable rating for status post left testicular varicocele surgery with residual scar is also denied.