Traumatic brain injury (TBI) decisions — 2016

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected disabilities, specifically TBI with primary insomnia and a deviated nasal septum. As such, the claim for secondary service connection for obstructive sleep apnea is granted.

The Board denied increased ratings for service-connected bilateral hearing loss and cognitive impairment due to TBI, finding that the Veteran's conditions did not warrant higher ratings based on the evidence of record.

The Veteran's appeal is being remanded to obtain additional medical records and for further development.

The Veteran's service-connected simple phobia, residuals of TBI, and migraine headaches have been rated appropriately based on the severity of her symptoms.

The Veteran's TBI residuals, other than symptoms due to his headaches, demonstrate impairment that does not exceed a Level 1 facet score. Prior to January 14, 2015, the Veteran's headaches were not shown to meet or nearly approximate characteristic prostrating attacks occurring on an average of once a month over the last several months. For the period from January 14, 2015, the Veteran's headaches have not been shown to meet or nearly approximate very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board has determined that the Veteran suffered from residuals of a traumatic brain injury during service and these residuals are currently present, warranting service connection.

The Board has remanded the case for additional development, including obtaining service treatment records and seeking an addendum opinion regarding the Veteran's lung condition and TBI.

The Veteran's claims for increased ratings for PTSD and TBI were denied as his symptoms did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's appeal is being remanded to allow for a videoconference hearing before the Board of Veterans' Appeals.

The Board has determined that the Veteran's Acute Myelogenous Leukemia (AML) and Traumatic Brain Injury (TBI) are both attributable to service, warranting a grant of service connection for these conditions.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining medical records and conducting VA examinations.

The Board finds that the Veteran does not have current TBI residuals, including cognitive impairment and headaches. The evidence does not support a finding of service connection for these conditions.

The Board denied claims for service connection for various conditions, including hearing loss, diabetes, skin disorder, urinary tract disorder, TBI residuals, headaches, and lumbar spine strain. The decision found that new evidence did not warrant reopening the claim for hearing loss, while other claims were denied based on lack of a nexus to service.

The Veteran's claims for service connection for an acquired psychiatric disorder, including PTSD, and for TBI residuals are being remanded due to the need for additional development of his Naval Reserves service records and verification of claimed stressors.

The Board has granted a 10 percent disability rating for the Veteran's residuals of traumatic brain injury, effective from October 6, 2015. The decision also found that headaches are service-connected and warrant a noncompensable rating.

The Board has determined that the Veteran did not sustain a traumatic brain injury in service and does not have residuals of such an injury. The claim for service connection is denied.

The Board has determined that further development is needed on the Veteran's claims for service connection for TBI residuals and an acquired psychiatric disorder, as secondary to his service-connected generalized seizure disorder. The AOJ must obtain additional inpatient treatment records from Lundstahl Army Hospital, arrange for a VA examination to clarify the nature of the Veteran's claimed TBI residuals, and schedule another VA examination to determine the nature and etiology of his claimed psychiatric disorder.

The Board has remanded the case back to the AOJ for further development due to issues raised by the Court and concerns about the adequacy of previous examinations.

The Board has remanded the case for additional development, including obtaining service treatment records and VA medical records, as well as scheduling a VA examination to determine the nature and etiology of any chronic laryngitis/laryngopharyngeal reflux. The Veteran's claims will be readjudicated after these actions.

The Board has granted service connection for a skin disorder of the hands, residuals of frostbite of the hands and feet, and bilateral hearing loss. The Veteran's accounts regarding his in-service exposure to chemicals and cold injuries have been found credible, leading to the granting of these claims.