Traumatic brain injury (TBI) decisions — 2016

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a headache disability and a traumatic brain injury. The Veteran's testimony at his hearing before the Board provides additional evidence establishing the incurrence of significant head injuries in service and symptoms that began after these incidents.

The Board has remanded the case due to the failure to prepare a Statement of the Case (SOC) for the apportionment of VA benefits issue. The Appellant must be given an opportunity to perfect their appeal.

The Veteran's claims for service connection for residuals of a back injury and dental condition are denied. The claim for service connection for residuals of a traumatic brain injury is also denied as there is no current medical diagnosis relevant to understanding or management of mental health.

The Veteran's appeal is being remanded for additional development to address the nature and etiology of his claimed residuals of a traumatic brain injury, lumbar spine disorder, and eye disorder.

The Veteran does not have residuals of a TBI and the Board finds that service connection for TBI is not warranted.

The Veteran's claims for service connection and increased ratings were denied. The Veteran does not have a current bilateral hand disability, and his headaches are currently rated at the maximum allowable under Diagnostic Code 8045.

The Board denied the Veteran's claims for service connection for residuals of a head injury and residuals of a fall to the left side, finding no evidence of current disabilities related to in-service injuries. The claim for hearing loss was also denied as there is no basis for a compensable rating.

The Board has remanded the case due to incomplete records and requests for additional evidence. The Veteran's SSA records, private treatment records, and any relevant VA treatment records from 1975 to 1991 and since November 2015 need to be obtained.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, particularly regarding his thoracolumbar spine condition, adjustment disorder with anxious mood, and traumatic brain injury.

The Veteran's TBI with dementia has been manifested by cognitive impairment warranting a numerical designation of '3' due to objective evidence on testing of impairment of memory, attention, concentration, or executive functions resulting in moderate functional impairment. There is no evidence of social impairment.

The Veteran's PTSD symptoms have been found to be severe enough for a 70 percent rating prior to February 24, 2011. He is also entitled to special monthly compensation based on the need for regular aid and attendance.

The Veteran's appeal is being remanded due to procedural defects in the adjudication of his TDIU claim and effective date claims for increased ratings. The issues will be addressed again after proper development.

The Veteran's initial claim for a higher rating for migraine headaches as a residual of head/traumatic brain injury is being remanded due to the need for additional medical examination and records.

The Veteran's claim for service connection for residuals of a left second toe stress fracture was denied as there is no current disability.,Service connection for migraine headaches was granted, but the rating assigned (10%) does not meet the criteria for a higher rating based on frequency or severity.

The Veteran's service connection for partial complex seizures (previously rated as probable basilar migraine) is granted with an effective date of September 2, 1986. The TBI issue and other claims are remanded.

The Board has determined that the Veteran's claimed traumatic brain injury and right ankle disorder did not have their onset in active service, nor are they related to any incident of service. The claims for service connection are therefore denied.

The Board has granted service connection for PTSD and TBI, finding that the evidence is in equipoise as to whether these conditions are related to an in-service assault. The Veteran's other claims have been withdrawn.

The Veteran's PTSD and TBI were found to be service-connected, with the PTSD meeting the diagnostic criteria for a direct service connection based on in-service combat-related stressors.

The case is being remanded for further development due to the need to address pending appeals related to TBI, vertigo, and hearing loss. The PTSD rating issue will be reconsidered after these other issues are resolved.

The Veteran's bilateral hearing loss is rated at 50 percent effective March 27, 2015. The issue of tinnitus was granted with an effective date of November 3, 2009.