Traumatic brain injury (TBI) decisions — 2015

The Board has remanded the case for additional development, including obtaining VA and private treatment records related to the Veteran's alleged TBI and its residuals. The Veteran is also requested to provide any outstanding information regarding his treatment.

The Board has determined that the Veteran's residuals of traumatic brain injury, to include headaches and amnesia, are service-connected. The psychiatric disabilities (including depression, schizophrenia NOS, and PTSD) are not service-connected based on direct evidence.

The Board finds that the Veteran does not have a current disability for VA purposes and therefore, service connection for his claimed low back disability is denied. The issue of TBI residuals remains pending.

The Board has determined that the appellant does not have a current left foot disability and therefore, service connection for residuals of a left foot stress fracture is denied. The claim seeking service connection for TBI, to include headaches, and basic eligibility for VA nonservice-connected pension benefits are being remanded as they are inextricably intertwined with the appeal for service connection.

The Veteran's sleep apnea is found to have been incurred during active duty service and related to a service-connected TBI. The initial ratings for cognitive disorder and HSV type 2 are denied, and the claim for TDIU prior to November 22, 2013 is granted.

The Board denied the Veteran's claims for service connection for residuals of a traumatic brain injury and heart murmur, finding that there was no evidence linking these conditions to his military service. The Board also found that new and material evidence had not been submitted to reopen previously denied claims for right knee disability and pes planus.

The Board has determined that the Veteran's notice of disagreement with respect to higher disability ratings for migraine headaches and traumatic brain injury residuals was untimely filed, thus denying these claims.

The Board denied service connection for headaches and a psychiatric disability in August 1986. The Veteran filed a claim to reopen in May 2009, when he was diagnosed with TBI. The effective date of the grant of service connection for TBI is set at May 15, 2009.

The Board found that the Veteran does not have PTSD and denied service connection for this condition. The TBI with tension type headaches was rated as 10 percent disabling, but the Veteran's appeal of the initial rating is a downstream matter following the initial assignment of service connection.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and readjudicating the claims.

The Veteran's appeal is being remanded for a video-conference hearing due to his request and the need to provide proper administrative procedures.

The Veteran is entitled to a TDIU due to his service-connected frostbite injuries, which rendered him unable to secure or maintain substantially gainful employment.

The Board granted service connection for various conditions, including lumbar spine disability, left knee injury, hypertension, and residuals of frostbite of the left great toe. The Veteran's other claims were also addressed.

The Veteran's service connection claim for residuals of a traumatic brain injury is granted as the evidence shows he sustained a TBI in service and currently experiences related symptoms.

The Veteran's appeal involves multiple service connection claims for various conditions, including PTSD, chronic fatigue syndrome, and undiagnosed illnesses. The case is being remanded due to the need for a Board hearing.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and a statement of the case on the issue of service connection for tension headaches.

The Veteran's appeal is remanded due to the need for a videoconference hearing before the Board.

The Veteran's service-connected conditions do not preclude him from securing and following substantially gainful employment.

The Board has granted service connection for PTSD, residuals of a TBI (memory loss), and obstructive sleep apnea. The Veteran's left buttock injury and refractive errors are not service-connected.

The Board has remanded the Veteran's claims for increased evaluation of his TBI and grand mal seizures, as well as his claim of entitlement to TDIU due to outstanding VA treatment records and need for additional development. The case will be referred back to the Director of Compensation and Pension Services for extraschedular consideration.