Traumatic brain injury (TBI) decisions — 2018

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's foot disability, including residuals of frostbite and a musculoskeletal condition. A VA examination is needed to determine the nature and etiology of these conditions.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The effective dates for hearing loss and tinnitus have been denied.

The Board has granted service connection for residuals of frostbite in both hands and feet, finding that the Veteran's current symptoms are at least as likely as not related to his in-service cold exposure.

The Board has remanded the case for further development due to inadequate examinations and conflicting evidence in the record. The Veteran needs a new examination to assess his PTSD severity, and an aid and attendance/housebound examination is also needed.

The Veteran's claims for service connection for TBI, acquired psychiatric disorder (including PTSD), IBS, and TDIU are all granted. The rating for IBS is increased to 30 percent.

The Board has remanded the case for further development to determine the severity of the Veteran's traumatic brain injury and its impact on his cognitive, emotional, and physical symptoms. The VA examiner will be asked to provide specific opinions regarding whether the Veteran’s sleep apnea is a manifestation of his service-connected traumatic brain injury and if his sensory neuropathies are related to his service-connected condition.

The Veteran's TBI with cognitive and speech impairment, along with PTSD, is rated at 70 percent. Ratings for diabetes mellitus, peripheral neuropathy of the upper extremities, and erectile dysfunction are denied. The claim for increased SMC based on loss of use of a creative organ is also denied.

The Board has decided to remand the Veteran's claim for a compensable rating for his service-connected TBI due to insufficient examination and treatment records. The Veteran needs to be provided with a new VA examination to accurately assess his current condition.

The Board denied service connection for TBI and right knee disorder, but granted the reopening of claims for these conditions. Service connection was not established for DM, hypertension, chloracne, migraine headaches, peripheral neuropathy, or plantar fasciitis.

The Board has decided that the Veteran's claim of service connection for TBI should be remanded due to incomplete records and need for an addendum opinion.

The Veteran's application to reopen a claim for left foot Achilles tendonitis was denied. The claim for traumatic brain injury was reopened, but the initial rating in excess of 10 percent for radiculopathy of the lower extremities and effective date prior to December 18, 2013 for PTSD were denied.,The Veteran's service-connected PTSD is rated at 50 percent since December 18, 2013.

The Veteran's claims for bilateral hearing loss and tinnitus were denied effective October 31, 2013.,Effective dates prior to October 31, 2013, are not warranted for the grant of service connection for these conditions.

The Board has determined that an examination is required to determine if the Veteran's current upper extremity disabilities are related to service, specifically his reports of frostbite during training at Fort Irwin, California.

The Board denied service connection for frostbite residuals of both the left and right feet due to a lack of current disability, as there is no evidence of frostbite injury or residuals during service. The Veteran's lay statements were not considered competent medical evidence.

The Board has denied the Veteran's claim for compensation pursuant to 38 U.S.C. § 1151 for a traumatic brain injury and right shoulder disability as a result of a fall sustained at the New Orleans VAMC on August 17, 2005 due to insufficient evidence of record. The issue of service connection for a left hip disability is remanded.

The Veteran's claim for service connection for traumatic brain injury (TBI) is being remanded due to the addition of new evidence after the last SSOC. The case will be returned to the RO for further consideration.

The claim for a right pinky finger condition has been dismissed.,The claims for bilateral shoulder disability and residuals of frostbite of the left foot have been reopened, but are still pending as they were remanded for further examination and opinion.

The Veteran's asthma, sleep apnea, hypertension, high cholesterol, residuals of TBI, and migraine headaches have been reopened for further review.

The Board denied the Veteran's claims for service connection for back disability, bilateral hip disability secondary to a back disability, bilateral knee disability, and TBI claimed as a cerebral concussion. The Board found that there was no evidence linking these conditions to his military service.

The Veteran's TBI residuals are rated at 10 percent and the Board finds a need for a new examination to assess current severity.