Traumatic brain injury (TBI) decisions — 2015

The Veteran's claims for increased ratings for traumatic brain injury and lumbosacral strain were denied. The Veteran's TBI residuals have been characterized by mild cognitive impairment, including memory loss and difficulties with concentration, attention, and executive functions, but no other significant symptoms or disabilities related to his service-connected condition. His lumbosacral strain has been asymptomatic.

The Veteran's TBI with posttraumatic headaches is currently rated at 10 percent, and the Board finds that an evaluation in excess of this rating is not warranted.

The Board has determined that the Veteran's TBI is service connected, as there was a head injury during active duty and competent medical evidence linking it to his current condition.

The Veteran's claims for service connection for residuals of frostbite, feet and hands have been granted. The initial increased rating for PTSD has also been granted.,However, the claim for TDIU was denied.

The Board has granted service connection for the cause of the Veteran's death due to his service-connected PTSD. The issue of DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot.

The Board has determined that the Veteran's current migraine headaches are related to his in-service parachute jump accident, which resulted in a TBI. The Veteran is granted service connection for these conditions.

The Veteran's service connection claims for TBI, sinusitis, and related conditions have been granted. The skin condition is already service-connected, and the kidney disorder claim has been dismissed as not a justiciable case or controversy.

The Board has determined that the Veteran incurred a traumatic brain injury (TBI) during service and granted service connection for residuals of TBI, other than headaches.

The Board has granted service connection for bilateral hearing loss and tinnitus, but the Veteran's increased rating claims for PTSD, hernia residuals, TBI, and headaches are remanded due to outstanding evidence.

The Board found no evidence of a traumatic brain injury or its residuals, and denied service connection for headaches and depression as they are not related to the appellant's active duty service.

The Board has remanded the case due to unavailability of service treatment records and the need for additional examinations.

The Board has remanded the case for additional development due to ambiguity regarding the exact nature and etiology of the Veteran's claimed traumatic brain injury. The Veteran is required to report for a VA neurologic examination.

The Veteran's claim for service connection for a TBI was reopened and granted, with an effective date of April 4, 2013.,A compensable rating (20%) is assigned for degenerative disc disease of the lumbar spine, effective from April 4, 2013.,The Veteran's PTSD is rated at 50% and a higher rating is denied.,Sciatic nerve left lower extremity radiculopathy is granted with an initial rating of 10%, effective from January 13, 2011. The femoral nerve left lower extremity radiculopathy was also granted with an initial rating of 10%, effective from the same date.,The Veteran's TDIU claim is denied.

The Board has denied the Veteran's claims for service connection for traumatic brain injury, bilateral hearing loss, and tinnitus due to a lack of evidence showing that these conditions were incurred or aggravated by military service. The Veteran's in-service drug overdose is considered the cause of his current disabilities.

The Veteran's service-connected disabilities, including her mild cognitive disorder due to a traumatic brain injury and schizophrenia, have rendered her unemployable/unable to secure and follow a substantially gainful occupation. The Board finds that the evidence is at least in equipoise as to whether these conditions alone or in combination with other non-service-connected conditions render her unemployable.

The Board found that the Veteran does not have residuals from a TBI and denied service connection for TBI residuals. The issues of whether new and material evidence has been received to reopen service connection for tinnitus, and service connection for an acquired psychiatric disability, GERD, right knee and left leg disabilities, and bilateral hearing loss are addressed in the REMAND portion of the decision.

The Board has granted service connection for vertigo as secondary to a service-connected disability, specifically PTSD. Service connection for residuals of a traumatic brain injury is not warranted.

The Veteran's PTSD is currently rated at 70 percent, effective July 24, 2006. The Board has also granted a TDIU for the period from February 18, 2012 to January 2013.

The Veteran's appeals for service connection for traumatic brain injury and a sleep disorder were withdrawn. The Board granted higher ratings for right and left knee disabilities, including scars.,Headaches prior to June 20, 2014 are rated at 30 percent.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for residuals of frostbite of the ears. The case is being remanded for further development, including obtaining medical opinions regarding the etiology of the Veteran's claimed disabilities.