Traumatic brain injury (TBI) decisions — 2015

The Veteran's claim for service connection for residuals of traumatic brain injury was denied. The initial rating and compensable rating claims for left knee disability and scars were granted, but the Veteran is not entitled to higher ratings.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed TBI, cognitive disorder, including memory loss and attention deficit disorder, as well as an increased rating for PTSD with depression. The AOJ will consider all evidence since the December 2013 statement of the case during readjudication.

The Veteran's claims for increased ratings and service connection were denied. The seizure disorder with restless leg syndrome was rated at 40 percent, effective August 11, 2009. Service connection for TBI (claimed as cognitive disorder) was not established.

The Veteran's right ankle strain is manifested by complaints of pain and stiffness with overuse, resulting in marked limitation of motion. The Board has assigned a 20% evaluation for this condition under Diagnostic Code 5271.

The Veteran's PTSD with MDD is rated at 50 percent since January 24, 2015. The Board has granted an increased rating for this condition.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.

The Board finds that the evidence is at least in equipoise regarding whether the Veteran's current tinnitus disability had its inception during service. The Veteran's credible written statements and hearing testimony support this finding, warranting service connection for tinnitus. The claim of residuals of traumatic brain injury remains pending as further development is required.

The Veteran's appeal is remanded for further development including a VA examination to determine the nature and etiology of his claimed TBI residuals and acquired psychiatric disorder.

The Board has granted a rating of 30 percent for peripheral vestibular disorder and tinnitus as residuals of TBI, effective from the date of the decision.

The Veteran's lumbar spine disability is found to have its onset during active service and granted service connection.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining a substantially gainful occupation.

The Board has determined that additional development is necessary to substantiate the Veteran's claims for service connection and an increased rating, including obtaining records of any in-service helicopter crash and confirming diagnoses of low back disability and traumatic brain injury.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, with the exception of the time period from March 26, 2012 to April 30, 2013 when he had a 100 percent disability rating.

The Veteran's appeal is being remanded to obtain additional medical evidence and for a VA examination. The issues are whether he has service connection for PTSD and TBI residuals.

The Veteran's claims for service connection and initial rating were denied. The Board found that the Veteran had a status-post spinal fracture left humerus, but did not have residuals of traumatic brain injury or current disability from this condition. Service connection was granted for scar residuals of facial laceration with an initial noncompensable evaluation.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a traumatic brain injury and left eye disability. The case will be remanded to obtain relevant medical records, provide the Veteran with an examination, and issue a supplemental statement of the case.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his TBI and hypertension.

The Veteran's claims for service connection for a psychiatric disability, including PTSD, and residuals of traumatic brain injury are being remanded due to inadequate VA examinations.

The Board has remanded all claims due to the Veteran's request for a videoconference hearing.

The Veteran's service-connected disabilities, including posttraumatic headaches and cognitive impairment from TBI, are found to render him unable to secure or follow a substantially gainful occupation since February 18, 2010.