Traumatic brain injury (TBI) decisions — 2015

The Board denied the Veteran's claims for earlier effective dates for the grant of service connection for a traumatic brain injury, a seizure disorder, and tinnitus. The earliest effective date that can be assigned is March 10, 2010.

The Veteran's post-traumatic headaches as residuals of TBI are rated at 30 percent, effective from April 12, 2011.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected TBI.

The Board has determined that further development is needed regarding the Veteran's claim of service connection for bilateral blindness, including as secondary to traumatic brain injury with headaches and generalized anxiety with dementia secondary to traumatic brain injury. The case is being remanded for supplemental opinions from VA examiners.

The Veteran's sleep apnea is found to have its onset during service and is granted as incurred in service. The claim of service connection for traumatic brain injury is remanded.

The Veteran is seeking service connection for symptoms including vision impairment, loss of balance, headaches, dizziness, and memory problems related to injuries sustained during military service. The Board has ordered additional development to obtain clinical records from the Naval Hospital in Oakland and Travis Air Force Base.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining relevant medical records and providing a VA examination.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA psychiatric and neurological examination to assess his PTSD and TBI.

The Board has remanded the Veteran's claims due to the need for additional development and examination, including obtaining updated treatment records and scheduling a VA examination.

The Board has granted service connection for residuals of traumatic brain injury, to include headaches and a cerebral arteriovenous condition, as well as residuals of neck injury.,Both conditions are found to be related to the Veteran's active military service.

The Veteran's appeal was granted, with a 70 percent rating for depressive disorder. The other issues were either denied or not addressed in detail.

The Veteran has provided competent and credible lay descriptions of continuity and chronicity of headaches since her service discharge, and the Board finds that the balance of positive and negative evidence is in relative equipoise. Service connection for headaches is granted.

The Board denied service connection for bilateral hearing loss, tinnitus, residuals of frostbite on hands and feet, and an anxiety disorder (claimed as depression) secondary to the service-connected back injury with degenerative arthritis. The claim for a higher initial rating in excess of 10 percent for the service-connected back injury was also denied.

The Veteran's dementia due to head trauma is rated at 70 percent, effective from the date of this decision. The Veteran's TBI is currently rated at 10 percent, effective March 11, 2014.

The Board found no evidence of frostbite of the upper or lower extremities during service and concluded that any current symptoms are not related to military service.

The Veteran's TBI residuals, including migraine headaches, were initially rated at 10 percent and a separate rating of 30 percent was granted for the migraine condition. The effective date remains pending as it is not specified in this decision.

The Veteran's recurrent migraine headaches due to traumatic brain injury have been rated at 30 percent, the highest rating available under DC 8100. The loss of feeling over the right frontal cutaneous nerve has not resulted in a compensable rating.

The Veteran's headaches are rated at 30 percent disabling since December 14, 2010. His cognitive impairment is rated at 40 percent since October 23, 2008.

The Veteran's TBI residuals, including cognitive impairment and headaches, are rated at 70 percent. The rating for the TBI is not increased.

The Board has remanded the case for additional development, including obtaining VA treatment records and a vocational rehabilitation opinion regarding the combined effect of the Veteran's service-connected disabilities on his employability. The appeal is now pending again with the Board.