Traumatic brain injury (TBI) decisions — 2014

The Board found that the Veteran's skin disability, including residuals of frostbite, was not related to his active service and denied his claim.

The Veteran's claims of service connection for various conditions, including TMJ syndrome, right shoulder injury, headaches, CRPS, traumatic brain injury, a right thumb disorder, and Alzheimer's dementia were denied. The denial was based on the absence of evidence showing these conditions were incurred in or aggravated by active service.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's service-connected residuals of TBI are currently rated at 70 percent, effective November 29, 2010.

The Board found no evidence of residuals from a TBI or head injury during service, and the Veteran's current headaches and depression are not shown to be related to his military service.

The Board has remanded the case for additional development due to a lack of adequate reasons or bases in its decision, including the need for another VA examination and opinion.

The Veteran has withdrawn his appeals for the issues of entitlement to a disability rating in excess of 10 percent for TBI; entitlement to disability ratings in excess of 10 percent prior to October 20, 2010, and in excess of 30 percent thereafter, for headaches; and entitlement to a disability rating in excess of 10 percent for limitation of motion and residuals of a fibula fracture of the right ankle.

The Veteran's appeal for increased ratings for residuals of TBI and post traumatic headaches, residual of TBI, was denied. The Veteran is not entitled to a higher rating for residuals of TBI prior to July 27, 2011, or from July 27, 2011, forward. He is also not entitled to a separate rating for post traumatic headaches, residual of TBI, as of April 23, 2012.

The Board has denied the Veteran's claims for higher disability ratings and TDIU due to lack of evidence showing an earlier effective date for service connection.

The Veteran's PTSD and TBI have been rated based on their current manifestations, with the PTSD receiving a 30 percent evaluation and the TBI a 40 percent evaluation. The appeal for increased evaluations has been denied.

The Veteran's left orbital fracture has not resulted in incapacitating episodes or visual impairment that would warrant a compensable rating.,His left fifth cranial nerve neuritis is currently rated as 10 percent disabling, which reflects moderate incomplete paralysis.

The Veteran's claims for service connection were denied. The Board found no current diagnoses of the claimed conditions and insufficient evidence to support a higher rating.

The Board has reopened the Veteran's previously denied claims for service connection of a back disability and bilateral shoulder disabilities. The appeals are granted.

The Veteran is seeking an initial compensable evaluation for the residuals of a traumatic brain injury. The case has been REMANDED due to inadequate examination addressing all reported symptoms, including fatigue, sleepiness, and malaise.

The Veteran's combined rating for service-connected disabilities is 90%, which meets the criteria for TDIU. However, he has not been shown to be unemployable due to his service-connected disabilities.

The Veteran's appeal involves multiple service connection claims for various disabilities, including hearing loss, tinnitus, and injuries to the right arm, legs, knees, and feet. The case is being remanded for additional development, including obtaining medical opinions regarding these claims.

The Veteran's claims for PTSD and TBI were denied as there is no established diagnosis of these conditions. The claim for VA medical treatment for a psychosis was not addressed due to lack of evidence.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and verifying in-service stressors for PTSD.

The Board has determined that the Veteran's TBI is productive of total impairment of concentration, attention, memory and/or executive functioning, or at least approximates a rating of 'total' at the cognitive impairment facet level. Therefore, a 100 percent disability rating for TBI is granted.

The Veteran seeks service connection for a TBI that he contends was incurred during service. The case is being remanded to the AOJ for further evaluation and consideration.