Traumatic brain injury (TBI) decisions — 2015

The Veteran's PTSD, headaches, and TBI have been granted service connection. The acquired psychiatric disorder is not considered a separate issue as it is related to the PTSD.

The Veteran's service-connected disabilities do not preclude him from participating in any substantially gainful employment.

The Board has remanded the case to the AOJ for consideration of an extraschedular evaluation for pes planus and a TDIU rating. The Veteran's claims are pending further action.

The Veteran's thoracic spine compression fracture with chronic lumbar strain is currently rated at 20 percent, and the Board finds that this rating adequately reflects his disability.

The Veteran withdrew his appeal before a decision was made by the Board.

The Board has reopened the Veteran's claims for service connection for low back disability and bilateral foot frostbite due to new evidence submitted since the final denial of these claims.,However, the Board finds that service connection cannot be granted as there is no medical evidence showing a link between the Veteran's current conditions and his active duty service.

The Board has determined that additional development is needed before the claims can be adjudicated, including obtaining VA and private treatment records, clarifying information from the Veteran's former employer regarding his employment status, and scheduling the Veteran for a VA examination to assess the severity of his service-connected mood disorder, TBI, and low back disability.

The Board has granted service connection for headaches as a residual of an in-service head injury (claimed as TBI). The remaining claims for service connection have been denied.

The Veteran's PTSD is rated at 50 percent since May 14, 2012. The Board found that the evidence did not support a higher rating.,There is no effective date prior to May 14, 2012, for service connection of PTSD as the increase in disability was not factually ascertainable within one year prior to the claim.

The Board has decided the issues of whether new and material evidence has been presented to reopen the claim for frostbite residuals of the feet, as well as the issue of service connection for bilateral foot arthritis. The Veteran's claims are REMANDED for further development.

The Veteran has withdrawn his appeals regarding the ratings for Generalized Anxiety Disorder and Pain Disorder, as well as Traumatic Brain Injury.

The Board is remanding the case for additional development to clarify whether the Veteran's current residuals of a TBI are etiologically related to the in-service head injury from April 1982, and to address the October 1983 motor vehicle accident that resulted in his TBI. The claim will be readjudicated after this additional development.

The Veteran's TBI residuals, including migraine headaches and personality disorder, are rated at 30 percent since January 24, 2013.

The Board found no credible evidence of an in-service occurrence of frostbite or a cold injury, and thus denied the Veteran's claim for service connection for frostbite of the feet.

The Veteran's PTSD was granted service connection and rated at 30 percent effective April 24, 2012. The other issues were either denied or not claimed.

The Veteran's right shoulder disability was rated at 30 percent from February 27, 2009 to June 1, 2010.

The Veteran's service connection claims for TBI and visual impairment have been denied as there is no current evidence of a disability related to the in-service injuries.

The Veteran's claim for increased ratings for TBI was denied. The initial rating of 10 percent for the period from October 14, 2008 to October 24, 2011 is granted. Ratings in excess of 10 percent and 70 percent are not warranted for the periods from October 25, 2011 to May 12, 2015 and from May 13, 2015 respectively.

The Board has denied the Veteran's claim for service connection for hypertension, finding that there is no competent evidence linking his current condition to his active service or time in the reserves. The issue of whether new and material evidence exists to re-open the claim for tinnitus remains pending.

The Board has remanded the case for additional development, including obtaining treatment records from prison and scheduling VA examinations to determine the nature and etiology of the Veteran's hearing loss, tinnitus, and TBI residuals.