Traumatic brain injury (TBI) decisions — 2015

The Board has granted service connection for sleep apnea and reopened the claims for cervical strain and low back pain. The increased rating and TDIU claims are addressed in the REMAND portion of the decision.

The Veteran's appeal is being remanded to obtain additional development and to schedule the necessary VA examinations. The issues include claims for increased ratings for PTSD, head trauma/TBI, IBS/GERD, and service connection for sleep apnea.

The Board has remanded the case for additional development, including scheduling a VA psychiatric examination and obtaining any pertinent medical records. The Veteran's claim will be reconsidered based on the new evidence.

The Board denied the Veteran's claims of service connection for neck disability, back disability, left eye disability, residuals of cold injury of feet, traumatic brain injury, anxiety, and depressive disorder. The evidence did not establish a link between these conditions and his military service.

The Veteran's claims for service connection for headaches, traumatic brain injury, and an acquired psychiatric disorder (including PTSD) are being remanded due to incomplete development of the record.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule examinations for her claimed disabilities. The AOJ will also review the claims based on the new evidence.

The Veteran's service connection claims for bilateral hearing loss, PTSD, TBI residuals, migraines, vertigo, cervical disorder, and shoulder disorders have been granted. However, the claim for an initial rating in excess of 70 percent for PTSD remains denied.

The Veteran's TBI residuals are rated as 10 percent disabling prior to February 24, 2012. The evidence does not meet the criteria for a higher rating.

The Veteran's PTSD, combined with her service-connected seizures and traumatic brain injury, rendered her unable to secure and follow a substantially gainful occupation prior to February 1, 2009. TDIU is granted from that date.

The Veteran's TBI with associated psychoneurosis is manifested by mental impairment, which causes social and total occupational impairment warranting a 100 percent rating under the relevant rating criteria throughout the appellate period. This grant provides entitlement to statutory housebound status.

The Veteran's TBI is rated at 70 percent disabling for the entire appeal period, and he meets the criteria for a total disability rating based on individual unemployability.

The Veteran withdrew his appeals of the rating for bilateral plantar fasciitis, service connection for hearing loss, tinnitus, a low back condition, residuals of frostbite/chemical burn, and right foot/ankle condition.

The Board has determined that the Veteran's reports of in-service stressors are credible and have established service connection for PTSD. The Veteran also has residuals of a TBI, which is considered a direct service connection as there was no presumption or secondary relationship involved.

The Veteran's cognitive impairment and other residuals of TBI not otherwise classified are currently rated at 70 percent disabling since January 18, 2011.,PTSD is currently rated at 70 percent disabling since June 15, 2010.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing and the procedural defect in not providing a Statement of the Case (SOC) regarding his claims for service connection for vertigo and syncope.

The Board has determined that the Veteran's tinnitus had its onset during active service and granted service connection for this condition. The claim for residuals of traumatic brain injury was also granted, with a determination that it is at least as likely as not related to service.

The Veteran's appeals have been withdrawn, resulting in the dismissal of his appeal.

The Board has denied the Veteran's claims for service connection for a right ear disability, back disability, bilateral ankle disabilities, and frostbite of the hands and feet. The evidence does not show any right ear disability other than hearing loss and tinnitus for which the Veteran is already service connected.

The Veteran's appeal is granted, with service connection for tinnitus established. The other issues remain on appeal.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and prison treatment records. A VA examination is also needed to determine if any diagnosed psychiatric disability had its onset during service or is causally related to service.