Traumatic brain injury (TBI) decisions — 2014

The Veteran's service connection claim for residuals of a traumatic brain injury (TBI) was denied as he does not have a current diagnosis or evidence of any residuals from the in-service TBI.

The Veteran's claim for service connection for a respiratory condition (also claimed as allergies) has been reopened and is now considered. The Board finds that the additional evidence received since the November 2006 rating decision relates to unestablished facts necessary to substantiate the claim, specifically whether the current respiratory condition was incurred in or aggravated by service.

The Board has determined that the VA examination reports are inadequate to decide this case and has therefore remanded for further development.

The Board has determined that the preponderance of evidence does not support a finding that the Veteran's sleep apnea is related to service, and thus denied his claim for service connection. The issue of TBI remains pending as further examination and opinion are required.

The Veteran does not have a disability of the right side of the body, insomnia, or residuals of loss of consciousness or traumatic brain injury that are related to his service.

The Veteran's service connection claim for the residuals of traumatic brain injury, including headaches and memory loss, is granted as his TBI is found to be related to his military service.

The Board has remanded the case for further development, including obtaining in-service mental health clinic records and VA treatment records. The Veteran's claim of service connection for traumatic brain injury will be reconsidered after these additional developments.

The Board has denied the Veteran's claim for service connection for residuals of left side head injury, including traumatic brain injury (TBI), cognitive impairment, or a seizure disorder secondary to the head injury. The VA examiners found no objective indication of a cognitive disorder or behavioral compromise due to trauma-related damage and concluded that observed problems with comprehension and expression were likely due to psychological and emotional factors.

The Veteran's PTSD has been rated at 50 percent since April 23, 2007 and increased to 70 percent effective October 17, 2011.,The Veteran's TBI was initially rated at 10 percent in March 2008 and later increased to 70 percent effective October 17, 2011.

The Veteran's claim for an initial rating in excess of 10 percent for traumatic brain injury is being remanded due to the need for further action, including scheduling a hearing and considering additional evidence.

The Veteran's TBI with headaches disability is currently rated at 10 percent, and the Board finds that an increased rating beyond this level is not warranted.

The Veteran's TBI has been rated at 10 percent since November 7, 2007. The Board found that the evidence did not support a higher rating based on his cognitive impairment and other residuals of TBI.

The Board has reopened the Veteran's claim for service connection for a right elbow disability. The claims for service connection for frostbite of hands and feet remain unresolved as there is no clear evidence linking these conditions to service.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions regarding his low back, knee, and frostbite conditions. The issues of nerves/depression, lumbar spine disorder, bilateral knee disorder, and residuals of frostbite of the toes will be addressed.

The Veteran's headaches due to TBI syndrome are rated at 30 percent, which is the maximum initial rating available under Diagnostic Code 8100 for migraines. The symptoms described do not meet or approximate the criteria for a higher initial rating.

The Board has remanded the case for additional development, including obtaining treatment records and conducting examinations to evaluate the severity of the Veteran's service-connected conditions.

The Veteran's appeal for a rating in excess of 80 percent for seizure disorder, to include TBI residuals, has been dismissed as the Veteran withdrew his appeal.

The Veteran's claims for service connection for various disabilities, including TBI and headaches, were denied as the evidence did not support a nexus to service.

The Veteran's claims for effective dates earlier than July 9, 2010, and November 22, 2013, for the grant of service connection for anosmia and migraine headaches have been granted.,The Veteran's claim for a higher initial rating for migraine headaches has not met the criteria.

The Board found that the Veteran's current symptoms, including numbness, tingling, and pain, are not related to his in-service frostbite injury. The evidence does not support a finding of service connection for residuals of a frostbite injury.