Traumatic brain injury (TBI) decisions — 2018

The Board has determined that the Veteran's diplopia associated with a traumatic brain injury is related to his military service and grants the claim for service connection.

The Board has reopened the Veteran's claims for service connection for a back condition, headaches (head injury), and an acquired psychiatric disorder. The evidence now shows that these conditions are related to his in-service motor vehicle accident.

The Veteran's service-connected frostbite of the right and left feet, with hyperpigmentation of the toenails, is rated at 30 percent each. The Board also granted a TDIU effective November 19, 2013.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging for a medical examination to address the nature of his TBI residuals and tinnitus.

The Board has found that the Veteran experienced a facial fracture in service and granted service connection for residuals of a facial fracture. The other issues remain pending.

The Board has determined that the Veteran's tinnitus is related to his active service and granted service connection for this condition. The issue of entitlement to service connection for a traumatic brain injury remains pending.

The Veteran's appeal is being remanded due to new evidence provided by the Veteran, including testimony and additional evidence regarding the etiology of his TBI residuals. An updated VA examination is required.

The Board has remanded the case for a VA examination and opinion to determine if the appellant has a TBI associated with his reported in-service trauma, including exposure to shock waves from close-proximity bombings during combat. The claim will be readjudicated after this development.

The Board has granted service connection for migraines and TBI with residuals including migraines, effective from January 16, 2009.

The Board found no evidence of frostbite, hearing loss, or neuropathy in service and denied the Veteran's claims for these conditions. The Board also found that any neuropathy is related to diabetes rather than service.

The Board found no direct service connection for residuals of head injury/TBI, right knee disability, or left thigh disability due to lack of medical evidence linking these conditions to service.,Service connection was denied as there is insufficient evidence showing a link between the Veteran's current disabilities and his active duty service.

The Veteran's TBI and PTSD with anxiety are currently rated at 70 percent, but the Board finds that this rating is not sufficient for his condition as it does not meet the criteria for a higher rating.

The Veteran's major depressive disorder has been rated at 70 percent since April 13, 2011. This rating is based on the severity of his symptoms and impairment in most areas.

The Board finds that the Veteran's left ankle disability, diagnosed as Achilles tendonitis, was incurred in service. The Veteran also has residuals of frostbite of both feet, which are not considered to be service-connected.

The Veteran's service-connected disabilities, including traumatic brain injury and loss of vision in the left eye, rendered him unable to obtain or retain substantially gainful employment as of June 19, 2009. The Board granted TDIU effective from that date.

The Veteran's claim for service connection for a mental health disorder, specifically schizoaffective disorder, has been reopened and granted.,Service connection for frostbite residuals of the right hand and left hand have also been granted.

The Veteran's TBI residuals including headaches, sleep difficulties and memory loss are not service connected. However, the Veteran's headache disorder is secondary to his service-connected PTSD with alcohol abuse.

The Veteran's claim for service connection for frostbite of the bilateral hands and feet has been reopened due to new evidence. The appeal is granted to this extent only.

The Board has reopened the Veteran's claim for service connection for residuals of frostbite and finds that there is sufficient evidence to support a finding that his current condition is related to an in-service cold weather exposure. The Veteran's statements, as well as those of his fellow infantrymen, provide credible evidence supporting this conclusion.

The Veteran's appeal is remanded due to the need for a contemporaneous examination and updated treatment records.