Traumatic brain injury (TBI) decisions — 2017

The Board denied reopening of the Veteran's service connection claims for frostbite residuals to the hands, ears, and right foot. The effective date remains April 28, 2016.

The Veteran's claim for service connection for TBI was reopened and granted, with the Board finding that there is reasonable doubt in favor of the Veteran.,Service connection for TMJ was dismissed as the Veteran did not provide new and material evidence to reopen his claim.

The Board has granted service connection for the Veteran's residuals of TBI, finding that it is at least as likely as not caused by a motor vehicle accident in service. The claim for bilateral hearing loss remains pending and will be remanded.

The Veteran's TBI residuals are currently rated as 10 percent for the entire appeal period. The Board found that the evidence does not support a higher rating, as there is no objective neurological impairment associated with service-connected TBI.

The Veteran's TDIU claim was granted effective March 29, 2011. The rating for frostbite of the left foot remains at 30 percent. Separate ratings were assigned for osteoarthritis of the left ankle, peripheral neuropathy of the left lower extremity, and Raynaud's-like vascular disability of the left foot.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance of another person or by reason of being housebound, as he is able to perform most daily activities with assistance when needed.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule a VA examination for his TBI residuals. The issues of PTSD rating, TDIU, and service connection for TBI are all inextricably intertwined and must be held in abeyance.

The Veteran's service-connected disabilities, notably his TBI residuals, have manifested in loss of use of both feet. The Board finds that the evidence is at least in relative equipoise as to whether he meets the criteria for an automobile and adaptive equipment or for adaptive equipment only.

The Board has determined that the Veteran does not have a current diagnosis of TBI or cognitive disorders, including short-term memory loss, and therefore service connection for these conditions is denied.

The Board has determined that the Veteran does not have residuals of frostbite of his bilateral hands and feet, as there is no evidence to support this claim. The Veteran's symptoms are attributed to flu-like symptoms he experienced during service in Germany.

The Veteran's claims for service connection for traumatic brain injury, tinnitus, and prostate cancer have been denied as there is no evidence of a link between these conditions and his military service.

The Board has determined that the Veteran's service connection claims for TBI, BPV with chronic labyrinthitis, and peripheral neuropathy of the feet are granted. The Veteran is also entitled to special monthly compensation based on loss of use of both feet and need for regular aid and attendance.

The Veteran's claims for post-concussive syndrome, peripheral vestibular disorder, and bilateral hearing loss were not granted earlier than May 26, 2010. The skin disorder claim is pending as it relates to service exposure, but the diabetes mellitus claim remains unresolved.

The Board denied an extraschedular evaluation for vertigo as a residual of traumatic brain injury, finding that the schedular criteria fully account for the Veteran's complaints and symptomatology.

The Board has remanded the case for a VA examination to determine if the Veteran's Parkinson's disease and traumatic brain injury are related to his military service. The issues of service connection for these conditions remain pending.

The Veteran is seeking service connection for a traumatic brain injury (TBI). The Board has determined that an examination by a physiatrist, psychiatrist, neurosurgeon, or a neurologist is necessary to determine the nature and etiology of any TBI or residuals stemming from an in-service TBI.

The Veteran's disability rating for Traumatic Brain Injury with Headaches was reduced from 40 percent to 10 percent, effective January 1, 2013. The Board found that the reduction was improper and restored the original 40 percent rating.

The Board found that the Veteran's claimed conditions did not manifest in service or within one year of service and are not otherwise related to his active service.

The Board found that the Veteran did not sustain a traumatic brain injury in service and does not have TBI as a result of any in-service injury.

The Board denied service connection for traumatic brain injury, finding that the Veteran's lay statements regarding a head injury during service were not credible and there was no evidence of such an injury in his service records. The claim for left foot impairment status-post tailor bunionectomy with bursa and entrapped nerve excision of the left 5th MTP is characterized as part of the traumatic brain injury claim, while the migraine headaches claim remains pending.