Traumatic brain injury (TBI) decisions — 2015

The Veteran's appeal includes claims for an increased rating for left knee disability and service connection for frostbite of the feet. The case is being remanded to obtain additional medical records, schedule a VA examination, and issue a supplemental statement of the case.

The Veteran's claim for an initial (compensable) rating for traumatic brain injury was granted, but the RO did not assign a compensable rating. The Veteran testified that his service-connected TBI had increased in severity and requested a remand to consider whether he should be assigned a higher initial rating.

The Veteran's TBI is rated at 50 percent for headaches prior to March 15, 2013. The Veteran also received a separate rating of 10 percent for residuals of TBI as of March 15, 2013.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a TBI protocol examination. The Veteran also requested a videoconference hearing on his PTSD claim.

The Veteran's residuals of traumatic brain injury are rated at a 70 percent disability rating, effective as of the date of this decision.

The Veteran's TBI was initially rated at 10 percent and has remained so since September 26, 2006. Effective March 18, 2013, the Veteran's TBI warrants a rating of 40 percent.

The Board found no credible evidence of a traumatic brain injury or an acquired psychiatric disorder in service, and thus denied the Veteran's claims for these conditions.

The Veteran's appeal is being remanded for additional development to address the issues of service connection for traumatic brain injury, persistent cough as due to a qualifying chronic disability, and left foot condition. The case will be returned to the Board after this development.

The Board has determined that the Veteran's claims for service connection for depressive disorder, PTSD, residuals of TBI, and headaches have been granted. The conditions are found to be directly related to his military service.

The Veteran's squamous cell carcinoma of the throat is not service-connected. The issues of frostbite residuals and bilateral hearing loss are pending.

The Veteran's service connection claims for residuals of traumatic brain injury and left temporoparietal meningioma were denied as the evidence does not support a finding that these conditions are related to his active service.

The Veteran's appeal is being remanded for further development, including a social and industrial survey to assess his employment status and functional impairment due to service-connected disabilities prior to November 2011. A medical opinion will also be obtained regarding the cumulative effect of these conditions on his employability.

The Board finds that the Veteran did not suffer a TBI in service or ACDUTRA, and thus cannot establish service connection for residuals of TBI.

The Veteran's appeal is being remanded due to audio malfunctions during his hearing, and he has requested another video conference hearing.

The Board has determined that the Veteran does not have a service-connected traumatic brain injury and therefore, cannot grant service connection for this condition. The claim of an increased rating for his schizophrenia remains pending.

The Board found that the Veteran's TBI is directly related to his service, including exposure to IEDs and other explosive devices during his deployment in Iraq.

The Veteran's claims for service connection for right ear hearing loss, residuals of TBI, and left ankle disability were denied. The claim for a higher rating for the left ankle was granted to 20 percent but not extended beyond February 28, 2013.

The Veteran's appeal is being remanded to obtain additional medical evidence and determine the appropriate disability rating for his service-connected traumatic brain injury with cognitive disorder.

The Board has remanded the claims for additional development, including obtaining VA and private treatment records, verifying service dates, and scheduling a VA examination. The Veteran's claims will be reconsidered after all available evidence is obtained.

The Veteran's residuals of a TBI are currently rated as 10 percent disabling, effective April 19, 2012. The rating is based on symptoms such as mild memory loss and occasional disorientation to one aspect of orientation.