Traumatic brain injury (TBI) decisions — 2015

The Board has remanded the case for additional development and to satisfy notice requirements. The Veteran's claims for a TBI rating increase and TDIU remain before the Board.

The Board has granted service connection for traumatic brain injury, but denied service connection for low back disability, right hand contusion, left knee disability, and right ankle disability.

The Board has determined that the Veteran's claimed disabilities, including residuals of a neurological disorder (other than TBI), sleep apnea, back disability, and fibromyalgia, were not incurred or aggravated by service.,Therefore, these claims are denied.

The Veteran's appeals have been dismissed as he has withdrawn his appeal with regard to PTSD and TBI.

The Board denied service connection for various conditions, including psychiatric disorders, diabetes mellitus, retinopathy, knee and back disorders, hypertension, genitourinary issues, skin conditions, arthritis, traumatic brain injury, fibromyalgia, Reiter's syndrome, autoimmune disorder, hand and elbow disorders, and kidney problems. The decision also denied a temporary total rating for convalescence purposes due to right thumb fracture.

The Board has determined that service connection is warranted for tinnitus, finding it at least as likely as not that the Veteran's tinnitus originated during his active duty.

The Board has remanded the case due to an administrative hearing issue and will schedule a Travel Board hearing for the Veteran.

The Veteran's TBI with headaches prior to August 22, 2013 resulted in mild impairment of cognitive functions. After that date, his condition manifested as mild impairment of memory and attention. The Veteran also has a separate service-connected anxiety disorder. The Board found the rating for TBI with headaches was not higher than 40 percent after August 22, 2013, but did not address the claim for anxiety disorder.

The Veteran's appeal has been dismissed as he no longer wishes to pursue the claim for a compensable rating for his residual appendectomy scar.

The Board finds that the Veteran's reported in-service head injury does not meet the criteria for a TBI and his cognitive disorder is currently contemplated under the assigned rating for his service-connected psychiatric disability. Therefore, the claim for residuals of a TBI, to include a cognitive disorder, is denied.

The Board has granted an initial disability rating of 30 percent for the Veteran's TBI, effective December 4, 2008. The Veteran also received a separate 30 percent disability rating for dementia, and was granted a 30 percent disability rating for migraine headaches from December 4, 2008.

The Board has granted an effective date of February 13, 2006 for the award of service connection for TBI and memory loss. The decision is based on the Veteran's informal claim submitted on February 13, 2006.

The Veteran withdrew his appeal for an increased initial rating for TBI with cognitive disorder during the April 2015 Board hearing.

The Veteran's claim for an initial rating higher than 40 percent for the service-connected right foot drop, secondary to the right gluteal injury resulting from gunshot wound is denied as he is already in receipt of the maximum schedular rating.

The Board has determined that the Veteran's TBI and left eye disability are not service-connected due to willful misconduct. The remaining claims for hearing loss, tinnitus, left knee, and low back disabilities require further development.

The Veteran seeks service connection for a hemorrhagic brain tumor, which he contends is related to an in-service head injury. The Board finds that further examination and medical opinion are needed to determine the relationship between his current condition and service.

The Veteran's appeal has been dismissed as he withdrew all claims currently on appeal.

The Veteran's initial claim for a right ear otitis media rating is withdrawn. The Board has reopened his claim for service connection of TBI residuals, but the claim remains denied as there is no evidence linking current TBI residuals to service.

The Veteran's PTSD has been rated at 100 percent since October 17, 2014. The Board found that the Veteran had total occupational and social impairment due to his PTSD symptoms.

The Board found that the Veteran's TBI and hearing loss disabilities were not incurred in or aggravated by service, and denied his claims for service connection.