Traumatic brain injury (TBI) decisions — 2015

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU beginning January 29, 2015. However, prior to that date, his combined disability rating did not meet the schedular criteria for a TDIU.

The Board has remanded the claims for service connection for residuals of a back injury, respiratory disability, and residuals of a concussion or traumatic brain injury (TBI) to include as secondary to PTSD due to inadequate opinions regarding the etiology of these conditions.,Specifically, the VA examiner was requested to provide an opinion on whether there is clear and unmistakable evidence that any preexisting low back disorder did not permanently increase in severity beyond its natural progression during service. The VA examiner also needs to address the secondary service connection theory for respiratory disability and residuals of a concussion or TBI.

The Veteran's appeal was granted for the issues of entitlement to higher initial disability ratings for PTSD, a right ankle disability, and GERD; and service connection for hemorrhoids. The denial of service connection for TBI remains in effect.

The Veteran's current depression is related to and cannot be reasonably disassociated from his service-connected bilateral frostbite of the foot disorders.

The Board's February 1980 decision denying service connection for the residuals of frostbite of the feet is overturned due to clear and unmistakable error, as the presumption of soundness was incorrectly applied.

The Board finds that the service-connected frostbite residuals did not cause or contribute substantially to the Veteran's death, as determined by a VA physician. The primary cause of death was COPD, which is not related to the service-connected condition.

The Board has granted service connection for TBI and headaches, finding that the Veteran's current symptoms are related to his head injury and TBI sustained during active duty in 2005.

The Board denied the Veteran's claims of service connection for Traumatic Brain Injury, Cerebral Hemorrhage, and Bilateral Hearing Loss. The decision found no credible evidence supporting these conditions or a link to service.

The Veteran's appeals for service connection and increased ratings have been withdrawn. The Board has granted service connection for TMJ, but denied the remaining claims.

The Board has remanded the case for additional development and medical opinions to address whether the Veteran's current symptoms are related to his service-connected psychiatric disability or an in-service TBI, including a reported altercation when a locker fell on his head.

The Board has denied the Veteran's claims for service connection for gout, TBI, hypertension, and TIA. The TMJ disability is currently rated at its maximum allowable evaluation.

The Veteran's service connection for PTSD was granted with an initial rating of 30 percent effective January 6, 2009. The RO located in Montgomery, Alabama, assigned this rating and the Veteran has not appealed it.

The Board has dismissed the Veteran's appeals as he withdrew them prior to a decision being made. The Board also determined that service connection for erectile dysfunction is not warranted, as it is not caused or aggravated by his service-connected atrophic left testicle.

The Veteran's appeal has been dismissed as he withdrew his claims for a higher rating for disc disease of the lumbar spine and an initial rating for fracture skull with severe traumatic brain injury and memory loss.

The Board has granted service connection for tinnitus due to noise exposure during service. However, the Veteran's claim of TBI residuals and right knee condition have been denied as there is no current evidence of such conditions.

The Board has remanded the case due to incomplete records and the need for further examinations. The Veteran's claims for service connection for frostbite, PTSD, and depression are pending.

The Veteran's bilateral homonymous hemianopia has been rated at 50 percent disabling since June 7, 2008. This rating is the highest possible for this condition under VA regulations.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for residuals of traumatic brain injury (TBI). The Board also finds that the Veteran is entitled to service connection for his TBI, as the evidence supports a finding that he incurred such an injury during active service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service connection claim for residuals of traumatic brain injury. The Veteran needs a VA examination and additional treatment records must be obtained.

The Veteran's appeal is being remanded for a videoconference hearing at the RO. The issues are whether he is entitled to service connection for frostbite-related disabilities.