Traumatic brain injury (TBI) decisions — 2016

The Board has determined that the Veteran's seizure disorder and acquired psychiatric disorders, including anxiety disorder NOS and cognitive disorder NOS, are related to his service. The residuals of traumatic brain injury have not been established as a separate condition.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the AOJ for further action.

The Board denied the Veteran's claims of service connection for prostate cancer, polycythemia, residuals of frostbite of upper and lower extremities, degenerative disc disease of lumbar spine, right knee disability, and left knee disability. The reasons were that there was no evidence of exposure to Agent Orange or asbestos in service, and the current conditions did not meet the criteria for direct service connection.

The Board has remanded the case for additional development due to a lack of compliance with previous remand orders. The Veteran's wife is seeking service connection for memory loss related to his TBI, but the VA examiner did not provide an opinion regarding whether this condition was related to his service.

The Board has granted service connection for post-concussive syndrome/traumatic brain injury and major depressive disorder, finding that the Veteran sustained a concussion in service resulting in TBI. The psychiatric disability is considered to be related to his service-connected TBI.

The Board has determined that the Veteran's claimed conditions are not related to service, and therefore, service connection is denied.

The Board granted service connection for a right shoulder disability and assigned an initial rating of 20 percent, effective from January 2011. The Veteran's TBI and headache claims were denied. The increased rating claim for the right shoulder was granted.

The Veteran seeks effective dates earlier than the assigned dates for service connection of PTSD and TBI. The Board finds that the earliest effective date warranted is July 21, 2005, for TBI.

The Veteran's deviated septum is rated at a 10 percent evaluation since April 23, 2009. The Board finds that the evidence does not support an earlier effective date for this rating.

The Board found no credible evidence of an in-service head injury or competent, probative evidence linking the Veteran's current memory loss, concentration problems, and insomnia to his service-connected TBI. As such, the claim for service connection was denied.

The Board has dismissed the appeal due to the appellant's withdrawal of her appeals.

The Board has granted the Veteran's claim to reopen his service connection for a bilateral foot disability, finding that new and material evidence was presented. The appeal is now on the merits.

The Board has granted service connection for tinnitus, finding that the Veteran's current tinnitus is related to his in-service noise exposure. The remaining issues are addressed in the REMAND portion of this decision.

The Veteran's service-connected disabilities, including PTSD and multiple spine conditions, have rendered him unable to secure or follow substantially gainful employment.

The Veteran's PTSD and TBI have been rated based on their direct effects, without any presumption or secondary service connection. The appeals for increased ratings were denied.

The Veteran's TBI residuals, including headaches and balance issues, were initially rated at 10 percent effective December 15, 2008. After March 22, 2011, the rating was increased to 10 percent but he is not entitled to a higher rating.

The Board has determined that there is no evidence to support the Veteran's claim of bilateral great toe frostbite as a result of cold weather exposure during service. The Veteran's service treatment records are silent for any complaints related to his feet or great toes, and post-service medical records do not show any treatment for such conditions until decades after separation from active service.

The Veteran's service connection for residuals of a traumatic brain injury and acquired psychiatric disorder (diagnosed as depression) has been restored. The claim for total disability rating based on individual unemployability is remanded.

The Board has decided to remand the Veteran's claim of service connection for Traumatic Brain Injury due to inadequate medical evidence and a need for further examination.

The Veteran's TBI with vertigo is currently rated at 10 percent, which does not meet the criteria for a higher rating. The Veteran's service-connected disabilities do not preclude all forms of substantially gainful employment.