Traumatic brain injury (TBI) decisions — 2014

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a new examination to assess the severity of his traumatic brain injury with history of anxiety, depression, and grand mal seizures. The TDIU issue remains inextricably intertwined with the rating increase claim.

The Veteran's claim for service connection for a traumatic brain injury with headaches and light sensitivity is being remanded due to the need for additional medical records.

The Board found that the Veteran's disabilities of the bilateral lower extremities are not related to his in-service cold weather injuries.

The Board denied service connection for sleep apnea, residuals of a traumatic brain injury, and PTSD due to lack of evidence meeting the diagnostic criteria.

The Board has remanded the case for additional development, including obtaining medical records and opinions regarding service connection for various conditions.

The Board has remanded the case for further development and examination to address issues related to increased ratings for PTSD, major depression, cognitive impairment, TBI-related headaches, and alleged eye symptoms.

The Veteran's claims of service connection for a right calf disability, frostbite residuals of the bilateral lower extremities and feet, and hepatitis C have been denied as there is no competent evidence of current disabilities related to his military service.

The Board finds that the Veteran does not have residuals of TBI as a result of service, and thus his claim for service connection is denied.

The Board has granted the Veteran's service connection claims for residuals of traumatic brain injury, right shoulder disorder, and left shoulder disorder. The decision also addressed his TDIU claim but noted that further action was required.

The Board has determined that the Veteran's peripheral neuropathy of the left lower extremity and residuals of frostbite to the bilateral feet are not related to his military service, including as secondary to a service-connected disorder.

The Board finds that the Veteran does not have a left knee disability related to his military service, including an automobile accident involving an IED explosion in June 2005. The evidence does not support a finding of direct service connection for the left knee disability.

The Veteran is granted service connection for tinnitus and hypersensitivity to sound and light as residuals of traumatic brain injury, lumbar radiculopathy (claimed as bilateral leg disorder), but not for MRSA infection on the spine or residuals of frostbite.

The Veteran's service-connected chronic headaches are supported by evidence showing they began during service and have continued since. However, there is no current diagnosis of residuals from a traumatic brain injury (TBI).

The Board found no evidence to support service connection for an acquired psychiatric disability, including PTSD. The Veteran's reported stressors were not verified and the medical evidence did not establish a link between any current psychiatric condition and his active duty.

The Veteran's appeal is being remanded for additional development, including obtaining SSA disability records and updated VA treatment records. The issue of entitlement to a total disability rating based upon individual unemployability (TDIU) will also be addressed.

The Veteran's claim for service connection for residuals of a traumatic brain injury has been granted. The Board also found that the Veteran experiences headaches and memory impairment related to his TBI incurred in active service.

The Veteran's PTSD with alcohol abuse was rated at 30 percent prior to March 11, 2010 and at 70 percent thereafter. The TBI with headache residuals were rated at 10 percent prior to September 18, 2013 and at 40 percent thereafter.,Both conditions have been denied for higher ratings.

The Board has determined that the Veteran's neurological disability, including traumatic brain injury, had its onset during active duty service and is therefore granted service connection.

The Veteran's TBI with fatigue and insomnia has not resulted in a diagnosis of multi-infarct dementia associated with brain trauma, but results only in purely subjective complaints. The Veteran is rated at 10 percent under the old criteria for TBI prior to October 23, 2008.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a Social and Industrial Survey. The Veteran's service-connected right and left foot residuals of frostbite will be considered in determining if they alone preclude him from securing and maintaining substantially gainful employment.