Traumatic brain injury (TBI) decisions — 2017

The Veteran's claim of service connection for PTSD was granted, with a rating of 30 percent effective November 4, 2009. The kidney condition claim is denied as there is no evidence that the benign cyst may be related to ionizing radiation exposure during service.

The Veteran's service connection claim for residuals of frostbite of the bilateral hands is granted as his symptoms are attributable to his active service.

The Veteran's tinnitus was granted service connection as it is considered a chronic disease. The issue of residuals of frostbite injuries of the feet remains pending and requires further examination.

The Veteran's service connection claims for bilateral foot disorder, degenerative arthritis of the knees, and nose disorder have been denied as his conditions are not related to active service.

The Board has granted service connection for bilateral upper extremities frostbite residuals, including hand disability (cubital tunnel syndrome and ulnar neuritis), but denied service connection for a back disability. The Veteran's bilateral lower extremities frostbite residuals are also granted.,Service connection is established for bilateral upper extremities frostbite residuals due to exposure to cold during active duty at Fort Drum in the early 1980s, which resulted in cubital tunnel syndrome and ulnar neuritis of the hands. Service connection is also established for bilateral lower extremities frostbite residuals due to cold exposure during service.

The Veteran's appeal involves multiple issues related to his service-connected traumatic brain injury and acquired psychiatric disabilities. The case is being remanded for further development, including obtaining SSA disability benefit determinations.

The Board has granted the Veteran's claims for service connection for traumatic brain injury and its residuals, as well as for fibromyalgia as secondary to traumatic brain injury. The case is remanded for a VA examination to address the etiology of fibromyalgia.

The Veteran's TBI has not been characterized by disturbances in memory, attention, concentration and executive function, judgment, social interaction, orientation, motor activity, visual and spatial orientation, neurobehavioral effects, communication, consciousness. As a result, the claim for an initial evaluation in excess of 10 percent for TBI is denied.

The Veteran's claim for an earlier effective date for TBI with residuals of tension headaches and post concussive syndrome was denied as there was no evidence of clear and unmistakable error in the April 1982 or August 2004 rating decisions, nor did the May 2010 claim indicate a desire to file such a claim.

The Board has decided to remand the case for a new TBI examination and further review of the Veteran's claim.

The Veteran's claims for service connection for memory loss, dizziness and/or balance problems, neuropathy of the face (trigeminal neuralgia), chronic pain, and sleep disorder have been denied as there is no evidence linking these conditions to his military service.

The Veteran's claims for service connection were denied as there is no competent evidence linking any of the claimed conditions to her military service.

The Veteran's claim for service connection for bilateral hearing loss and an increased rating for TBI was denied. The Board found that the evidence did not support a finding of current hearing loss disability or a causal relationship between in-service noise exposure and current hearing loss. For TBI, the most recent VA examination showed normal hearing and no significant cognitive impairment.

The Veteran does not have a current diagnosis of diabetes mellitus, heart disorder (ischemic heart disease), lung disorder, liver disorder, nerve disorder (peripheral neuropathy), kidney disorder, or traumatic brain injury. The Board finds that service connection for these conditions is denied.

The Veteran's service-connected headaches are rated at 30 percent, and his TBI residuals other than headaches, double vision (diplopia) and impairment of visual acuity are rated at 10 percent.,Both conditions have not been shown to warrant higher ratings based on the frequency or severity of symptoms.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The claims will be reconsidered based on the new evidence.

The Board has determined that the Veteran's service-connected residuals of frostbite affecting both feet are contemplated by the assigned schedular rating and no referral for extraschedular consideration is warranted.

The Veteran's TBI and right shoulder conditions are found to be related to service, warranting the grant of service connection for both.

The Veteran's PTSD is rated at 70 percent, and he is granted TDIU. Service connection for traumatic brain injury residuals is denied.

The Veteran's appeal is being remanded for a new traumatic brain injury examination to be conducted by one of the four designated specialists (physiatrist, psychiatrist, neurologist, or neurosurgeon).