Traumatic brain injury (TBI) decisions — 2014

The Veteran's service-connected residuals of traumatic brain injury are rated at 70 percent, the highest available rating under DC 8045. The Veteran demonstrated objective evidence of moderate impairment of memory resulting in moderate functional impairment since the grant of service connection.

The Board has granted service connection for idiopathic peripheral neuropathy of the bilateral upper and lower extremities. The Veteran's TBI is not addressed as it does not meet the criteria for service connection.

The Veteran has withdrawn his appeals for increased ratings for left eye chorioretinitis and TBI, as well as service connection for right eye glaucoma and seizures. The Board has no further jurisdiction in these matters.

The Veteran's traumatic brain injury and obstructive sleep apnea are found to be service-connected. The PTSD is assigned a 50% disability rating, the left knee and right knee conditions are each rated at 10%, the shoulder strains are not service-connected, the wrist condition does not meet criteria for a higher rating, the spine strain is rated at 10%, the ankle strains do not warrant a higher rating, the hiatal hernia with GERD is rated at 10%, and the headaches are assigned a 30% disability rating. The Veteran's hypertension, DVT, restless leg syndrome, IBS, erectile dysfunction, and hypertensive cardiovascular disease are each rated at 10%.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess his PTSD and TBI.

The Board has remanded the case due to the Veteran's disagreement with the initial ratings for his service-connected bilateral pes planus and frostbite of the bilateral hands. The issues of entitlement to a rating in excess of 30 percent for service-connected bilateral pes planus, and service connection for frostbite of the bilateral hands are now pending before the Board.

The Board has remanded the case due to insufficient reasoning and a need for clarification on whether the Veteran has residuals of TBI that existed during the pendency of his claim. The case is also remanded for another VA examination to determine the nature and etiology of any current residuals of TBI.

The Veteran's claim for an initial rating higher than 10 percent for the residuals of a traumatic brain injury is denied. The highest level assigned for any facet of cognitive impairment and subjective symptoms is level 1, which corresponds to a 10% disability rating.

Your claim for service connection for residuals of a traumatic brain injury has been resolved in your favor, and you are now receiving compensation for post-concussive syndrome.

The Board finds that the Veteran's current TBI residuals and low back disability are at least as likely as not incurred in service, with the most probative evidence showing a history of treatment for these conditions during his military service. The examiner considered the Veteran's civilian occupation and recreational activities but did not discount the likelihood of an in-service injury contributing to his current disabilities.

The Veteran's TBI residuals were rated at a 40 percent rating from March 23, 2010 to December 2, 2013.,From December 3, 2013 onwards, the Veteran is entitled to a 40 percent rating for his TBI residuals.

The Veteran's claims for service connection for traumatic brain injury and increased ratings for his knee disabilities were denied. The Board found no evidence linking the current symptoms to service, particularly not during active duty.

The Board has granted service connection for a TBI, finding that the Veteran's combat service in Vietnam is at least as likely as not related to his military service. The remaining issues are remanded for further development.

The Veteran's death was not service-connected, and the Board denied dependency and indemnity compensation under 38 U.S.C.A. § 1318 due to lack of continuous total disability rating for at least five years prior to his death.

The Veteran's posttraumatic headaches were rated at 10 percent prior to October 23, 2008 and increased to 50 percent on and from that date.,Memory loss associated with TBI was separately rated as a residual of the injury.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Travel Board hearing. He has been placed on the waiting list and now requests a videoconference hearing instead.

The Board has determined that service connection is warranted for left hip strain, degenerative disc disease of the lumbar spine, traumatic brain injury, and major depressive disorder. The Veteran's PTSD claim was also granted.

The Veteran's claims for higher ratings for residuals of TBI including vertigo and Parkinson's disease were granted, with a rating in excess of 50 percent for Parkinson's disease. The claim for hearing loss was not granted as the disability did not meet the criteria for a compensable rating.

The Veteran's claims for initial disability ratings in excess of 10 percent for service-connected chilblains (frostbite residuals) of the right foot and left foot have been granted, with effective dates from February 23, 2010.

The Veteran's appeal is being remanded due to the absence of proper notice for a requested hearing, and he would like to be scheduled for a videoconference hearing at the RO in Des Moines, Iowa.