Traumatic brain injury (TBI) decisions — 2014

The Veteran's appeal is remanded due to the need for adjudication of a claim regarding CUE in a prior rating decision, and an earlier effective date for his service-connected cognitive disorder secondary to TBI.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his service-connected disabilities. The case will be readjudicated after these actions.

The Veteran's appeal was granted for some issues and denied or not addressed for others. The skin disorder claim was reopened, tension headaches were service connected, the eye injury residuals issue was withdrawn by the Veteran, TBI residuals are not service connected, right lumbar radiculopathy is service connected, and the neck scar disability has a 50% rating.

The Veteran's claims for service connection were denied as his claimed conditions did not meet the criteria for service connection based on direct evidence or presumptive exposure to environmental hazards. The Board found that there was no competent medical evidence linking his current symptoms to his military service.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and arranging for a new examination to assess his need for a powered mobility device.

The Veteran's TBI residuals have resulted in a score of no more than '1' on the table for Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified. The schedular rating for the Veteran's disability is adequate.

The Veteran's service-connected disabilities, including knee injury, thoracic spondylosis with scoliosis, migraine headaches, and cognitive dysfunction due to TBI, preclude him from obtaining and maintaining substantial and gainful employment. The Board grants a total disability rating for individual unemployability (TDIU).

The Veteran's appeal is remanded due to the overlap of symptoms between PTSD and Traumatic Brain Injury, requiring further examination to differentiate them. The case will be returned for readjudication.

The Board has determined that the Veteran's current diagnosis of residuals of a traumatic brain injury is related to his in-service head injury, and thus service connection for this condition is granted.

The Board has determined that the Veteran's current cognitive dysfunction and traumatic brain injury residuals are related to his in-service head injury, thus granting service connection for these conditions.

The Veteran's PTSD is rated at 70 percent from June 13, 2008 and in excess of 70 percent from November 16, 2011. His TBI rating remains at 10 percent.

The Veteran's claim for service connection for residuals of a traumatic brain injury is being remanded due to incomplete records and the need for further examination.

The Veteran's appeal is being remanded due to his incarceration and inability to attend the scheduled Board hearing. His claims for service connection for traumatic brain injury and education benefits under Chapter 35 Dependents' Educational Assistance Program are still pending.

The Veteran's right hip disability is rated at 30 percent, and his TBI earlier than October 23, 2008. The claims for service connection of the right hand, ankle, leg disorders, and TDIU based on TBI prior to October 2008 are all granted.

The Board found that the Veteran does not have a current diagnosis of TBI and therefore denied her claim for service connection.

The Board has remanded the case due to the Veteran's request for a video conference hearing. The claims of service connection for various conditions remain under review.

The Veteran's TBI claim is being remanded for a VA examination to assess the current degree of disability. The TDIU claim requires additional records and an examination to determine if the Veteran can secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran withdrew his appeal for an initial compensable rating for traumatic brain injury, also claimed as cognitive disorder, dysphasia, aphasia, and visual disturbances.

The Veteran's traumatic brain injury warrants a 40 percent rating, and service connection for urinary frequency is granted as secondary to diabetes mellitus.

The Veteran's service-connected disabilities alone are not of such severity to preclude substantially gainful employment prior to August 6, 2010.