Traumatic brain injury (TBI) decisions — 2016

The Board has remanded the case for scheduling a videoconference hearing due to the Veteran's request.

The Board has remanded the case for compliance with its April 2011 remand instructions, including adjudicating the Veteran's petition to reopen his service connection claims and resolving any appeal taken therefrom. The case will be returned to the Board after these actions are completed.

The Veteran's PTSD has resulted in reduced reliability and productivity, with symptoms such as near-constant anxiety, episodic depression, sleep impairment, irritability, intrusive thoughts, concentration problems, mild memory impairment, panic attacks, and difficulty in establishing and maintaining effective work and social relationships. The Veteran is granted a 50 percent disability rating for PTSD.

The Veteran's appeal for residuals of a traumatic brain injury was withdrawn prior to the Board's decision. The remaining issues regarding PTSD and TDIU are being remanded for further development.

The Veteran's hypersensitivity to light and sound, as well as blurry vision, are considered part of his already service-connected TBI. Service connection for sinusitis is granted due to continuity of symptoms and medical opinion linking the condition to in-service head trauma.

The Veteran's TBI is secondary to his service-connected PTSD, and the Board finds that he has residuals of this injury including a skull defect, right eye disability, loss of senses of smell and taste, loss of jawbone, loss of teeth, and an injury to the roof of the mouth.

The Board found no evidence of a service-connected TBI or any other head injury during service, and the Veteran's current symptoms are not linked to his military service. The acquired psychiatric disability is also not connected to service.

The Veteran's claim for an increased evaluation of TBI is denied as the evidence does not meet the criteria for a higher rating. The Veteran's migraine headaches are evaluated separately, with some periods meeting the criteria for a separate compensable evaluation.

The Board has determined that the Veteran's claimed residuals of a traumatic brain injury are not etiologically related to his in-service head injuries, or any other incident of active duty service.

The Veteran is not rendered unable to obtain or maintain substantially gainful employment due to service-connected TBI.

The Veteran's traumatic brain injury is currently rated as 70 percent disabling, effective March 8, 2011. The claim for a higher initial rating and earlier effective date are denied.

The Board has determined that the Veteran does not have a service-connected TBI, sleep apnea, or ADHD. The evidence does not support a finding of in-service injury or disease related to these conditions.

The Board found no evidence of a chronic disease in service or within one year following service, and the Veteran's lay testimony regarding his onset of psychiatric disorder was not credible. The Board also found that there is no probative evidence linking any current left knee condition or frostbite residuals to service.

The Board has denied the Veteran's claims for service connection for a cardiovascular disorder, tinnitus, traumatic brain injury (TBI), eczema/xerosis (claimed as skin rash), numbness of the fingers, and erectile dysfunction.

The Veteran's overpayment of Post-9/11 GI Bill benefits is waived due to the circumstances surrounding his withdrawal from the educational program and his service-connected disabilities.

The Veteran's claim for service connection for residuals from a TBI has been denied as there is no evidence of a diagnosed condition. His right upper extremity disability was evaluated, but the Board finds that a new examination is needed to determine its current severity.

The Veteran's appeal is being remanded for further development due to the need for a new VA examination and clarification of certain medical opinions.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.

The Veteran's claims for increased ratings for fracture of the right orbit with residuals and TBI were denied. The fractures resulted in impairment of the right fifth cranial nerve, leading to numbness, weakness, paresthesias, and pain in the right side of the face. The TBI manifested as mild impairment of memory, attention, executive functions, and visual spatial orientation.

The Board denied the Veteran's claims for service connection due to a finding of willful misconduct, as his in-service fall injuries were primarily caused by alcohol intoxication.