Traumatic brain injury (TBI) decisions — 2014

The Veteran's service connection claims for various disabilities, including PTSD and injuries sustained in Iraq, are denied as there is no current evidence of a psychiatric disability or any other claimed conditions.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examination reports and reviewing his claims file to determine the severity of his anxiety disorder and the nature and etiology of any residuals of a TBI.

The Veteran's TBI is currently rated as 10 percent disabling, effective August 6, 2008. The Board has granted a separate noncompensable rating for headaches and tinnitus.

The Board has granted the Veteran's claim for service connection for PTSD. The remaining issues on appeal are addressed in the REMAND portion of the decision below and are REMANDED to the Department of Veterans Affairs Regional Office.

The Veteran's claims for a higher rating for TBI and service connection for right ear hearing loss disability are being remanded due to the need to obtain additional VA records, specifically from the Kansas City VAMC and Munson Army Hospital. The Veteran also needs to have his TBI claim readjudicated in light of the May 2013 examination records.

The Veteran's depression is rated at 70 percent since May 31, 2007, reflecting significant impairment in work and social functioning.

The Veteran's PTSD and TBI have been evaluated based on their current manifestations, with no evidence of worsening or additional disability not previously considered.

The Board has denied the Veteran's claims for an initial rating in excess of 70 percent for TBI and for an effective date prior to October 30, 2009, for service connection for a traumatic brain injury. The Veteran's claim for an earlier effective date was not granted as there is no indication that he submitted a formal or informal claim prior to October 30, 2009.

The Veteran's service-connected residuals of traumatic brain injury and acquired psychiatric condition, to include anxiety and depression, warrant a 40 percent disability rating for the TBI and an initial 70 percent disability rating for the acquired psychiatric condition. The Veteran is also entitled to a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board found that the Veteran's acquired psychiatric disability, to include PTSD, was not incurred in or aggravated by active service and denied his claim. The Board also found that residuals of a traumatic brain injury were not incurred in or aggravated by active service and denied his claim.

The Board found new and material evidence to have been received, but the claim for service connection for concussion (claimed as TBI) was not granted due to lack of a current diagnosis. The case is considered 'mixed' because it involves reopening an old claim.

The Board denied the Veteran's claims of entitlement to increased ratings for anal fissures and service connection for residuals of TBI, numbness and tingling of the right upper extremity, dizziness, fatigue, insomnia, headaches, and memory problems. The Board found no evidence of current disabilities related to these issues.

The Veteran's service connection claims for PTSD and TBI are both granted.

The Board found that the Veteran does not have a current Traumatic Brain Injury or its residuals related to his military service.

The Board found that the Veteran's current disabilities are not related to his service, including witnessing an IED explosion. The claims for traumatic brain injury, vestibular neuronitis, and headaches were denied.

The Veteran's claim is being remanded for a VA examination to assess whether his essential tremors are related to exposure to contaminated water at Camp Lejeune during service.

The Board has determined that a VA examination is needed to assess the current residuals of the Veteran's claimed Traumatic Brain Injury and whether they are related to service, particularly his IED attack in Iraq. The appeal will be remanded for these actions.

The Veteran withdrew her appeals for increased ratings for PTSD and trochanteric bursitis, left hip; and for service connection for a TBI and migraine headaches with associated facial numbness.

The Veteran's TBI with residual tension headaches is rated at 10 percent since January 17, 2013. The left ankle disability remains noncompensable prior to December 3, 2010 and rated at 10 percent since then. Bilateral pes planus is rated at 30 percent since January 9, 2013. Right and left calcaneal spurs are each rated at 10 percent since December 3, 2010.

The Veteran's PTSD is currently rated at 70% since April 13, 2009. His TBI has been rated at 40% from December 2008 to July 2010 and remains at an unknown rating since then.