Traumatic brain injury (TBI) decisions — 2016

The Veteran's claim for a rating in excess of 40 percent for his low back disability has been denied. The Board found that the evidence did not support an increase in the current rating, as there was no indication of ankylosis or incapacitating episodes.

The Veteran's appeal is being remanded due to the need for an SOC addressing his claims for a compensable evaluation for residuals of a traumatic brain injury, an increased evaluation for bronchial asthma, and entitlement to TDIU.

The Veteran's chronic headaches are rated at 30 percent, effective from the date of claim. The Board denied service connection for residuals of TBI and bilateral hearing loss, tinnitus, vertigo, and depression.

The Board has ordered additional development to verify the Veteran's service, obtain VA and private treatment records, and provide medical opinions regarding the cause of death.

The Veteran's appeal for an increased rating for residual headaches of TBI was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to October 23, 2008 and from October 23, 2008 forward.

The Board has determined that the Veteran's TBI is at least in equipoise with service connection, and therefore grants service connection for residuals of a head injury including TBI, temporal lobe damage and micropsia.

The Veteran's appeal is remanded due to the need for a current VA examination to reassess the severity of his service-connected residuals of traumatic brain injury (TBI).

The Veteran's PTSD with TBI is currently rated at 70 percent disabling, but the evidence does not support a higher rating.,PTSD and TBI are service-connected, but there is no separate effective date prior to May 4, 2009 for migraines.

The Board found that there is no current diagnosis of PTSD, and thus denied the Veteran's claim for service connection for PTSD. The other issues remain pending.

The Board has determined that the Veteran does not have PTSD, TBI or any chronic vision disorder/dizziness/dental disability. The diabetes mellitus is not service-connected as it did not manifest in-service and there is no evidence of a nexus to service.

The Veteran's post traumatic headaches, residual of TBI, are rated at 30 percent prior to April 23, 2012. The Board found that the evidence did not meet the criteria for a higher rating under Diagnostic Code 8100.

The Veteran's TBI residuals, including cognitive impairment and emotional/behavioral dysfunction, are rated at a 40 percent rating. The Veteran has level 2 cognitive impairment secondary to mild memory loss, attention, concentration, and executive dysfunction.

The Board has remanded the case for additional development and examination to address the etiology of any current TBI, seizure disorder, and encephalopathy. The Veteran's service connection claims will be reconsidered based on the new evidence.

The Veteran's appeal has been withdrawn as to the claims for higher initial disability ratings for left ankle degenerative arthritis, left ear hearing loss, chronic pansinusitis, allergic rhinitis, traumatic brain injury, and post-concussive headaches.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the severity of his cervical spine and traumatic brain injury disabilities.

The Veteran's TBI residuals, including headaches, are rated at 30 percent effective August 14, 2015. The cervical spine musculoligamentous strain is rated as 10 percent prior to January 13, 2011 and remains 10 percent thereafter.

The Board found no current tinnitus disability, denied service connection for bilateral hearing loss disability due to lack of evidence meeting VA standards, and denied service connection for TBI as the Veteran's symptoms are not consistent with in-service injury. The Veteran is therefore not entitled to service connection for any of these conditions.

The Board has granted service connection for PTSD and assigned a disability rating of 70 percent, effective from May 5, 2009 to July 25, 2013. The Veteran's other claims have been denied.

The Veteran is seeking service connection for residuals of frostbite in both feet. The Board finds that additional development, including a new medical opinion, is necessary to determine the relationship between his current symptoms and military service.

The Board has remanded the case for further development, including obtaining SSA records and a new VA examination to determine all current residuals of the service-connected TBI. The Veteran's claim remains pending.