Traumatic brain injury (TBI) decisions — 2015

The Veteran's appeal is being remanded for a new examination to determine the current severity of his service-connected TBI and psychiatric disabilities, including major depressive disorder with PTSD. The case will be returned to the Board after the examination.

The Board found no credible evidence linking the Veteran's current TBI and memory impairment to his active duty service, thus denying the claim for service connection.

The Board has determined that the Veteran's diagnosed TBI is related to his military service and grants entitlement to service connection for residuals of TBI.

The Veteran's PTSD is currently rated as 10 percent disabling. The Board has determined that a rating of no more than 50 percent for his PTSD is warranted throughout the appeal period.

The Veteran's claim for increased ratings and TDIU was denied. The Board found that the evidence did not support a grant of service connection for bilateral hearing loss, residuals of frostbite of upper extremities, or peripheral neuropathy of lower extremities. However, the Veteran's PTSD with alcohol dependence warranted a 70% rating since June 20, 2013.

The Board has remanded the case due to the need for additional development of records, including SSA medical records and hospitalization records.

The Board has determined that the appellant does not have any current disability as a result of frostbite sustained during service. The claim for residuals of frostbite is denied.

The Board has determined that the Veteran is entitled to an effective date of March 24, 2009 for service connection of cognitive impairment and other residuals of TBI. The earlier effective date claim arises from the Veteran's disagreement with the effective date assigned in connection with the award of service connection for TBI effective March 24, 2010.

The Board finds that the Veteran's frostbite residuals, including PVD and onychomycosis, are related to service due to the reasonable doubt created by the evidence of record.

The Veteran was service-connected for headaches and TBI prior to September 28, 2012. The Board found that the evidence is in equipoise as to whether he was unable to secure or follow substantially gainful employment due to his service-connected disabilities, leading to a finding of entitlement to TDIU under 38 C.F.R. § 4.16(b) prior to September 28, 2012.

The Board has found that the Veteran does not have a current diagnosis of Traumatic Brain Injury and therefore, service connection for TBI is denied. The issues of an initial rating higher than 10 percent for Anxiety Disorder and service connection for Peripheral Neuropathy of the Bilateral Lower Extremities are remanded.

The Veteran's appeal has been dismissed as he requested to withdraw all his appeals except for the claim of entitlement to a total disability rating based upon individual unemployability (TDIU).

The Board has determined that the Veteran's PTSD is service-connected due to credible in-service stressors. The issue of TBI residuals remains pending as additional evidence and an examination are needed.

The Board denied the Veteran's claims of service connection for residuals of a traumatic brain injury, sinusitis, and cervical spine condition. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The Board finds that the Veteran sustained a TBI as a result of her in-service motor vehicle accidents and has current residuals thereof, warranting service connection.

The Board has determined that the Veteran does not have a current disability of residuals of a traumatic brain injury, and thus service connection is denied.

The Board has determined that the Veteran's claims for service connection are remanded due to the need for additional examinations and medical opinions regarding his claimed disabilities, including a TBI and related headaches.

The Veteran's TBI with right-sided hemiparesis is found to be secondary to his service-connected PTSD.

The Board denied an increased rating for TBI, finding that the Veteran's cognitive impairment did not warrant a higher evaluation.

The Veteran's TBI residuals, including headaches and vertigo, are rated at 10 percent. The claim for service connection for an acquired psychiatric disorder is pending as a separate issue. The Veteran's TDIU claim was granted.