Traumatic brain injury (TBI) decisions — 2016

The Board has remanded the case for issuance of a Statement of the Case on the issue of service connection for thalamic pain syndrome, including as secondary to service-connected traumatic brain injury. The Veteran must be informed that in order to perfect an appeal of this issue, he must timely file a substantive appeal following the issuance of the Statement of the Case.

PTSD with depression and TBI with vertigo were rated at 70 percent prior to October 31, 2012.,PTSD with depression and TBI with vertigo were rated at 70 percent from October 31, 2012 to November 30, 2014, and 100 percent thereafter.,PTSD with depression and TBI with vertigo caused total occupational and social impairment, rendering the Veteran unemployable.

The Board has determined that the Veteran does not have a service-connected traumatic brain injury and therefore cannot establish secondary service connection for Parkinson's disease. The claim is denied.

The Veteran's service records do not show any injury or event related to a TBI during his active military service. The Board finds that the preponderance of evidence does not support a finding of a current disability related to a TBI incurred in service.

The Veteran's LUE disability, including gout and polyradiculopathy, was not service-connected.,However, the Veteran received separate ratings for his TBI-related headaches (30%), depressive disorder (50%), and tinnitus (10%).

The Board has remanded the case due to incomplete records and need for additional development, including seeking VA treatment records from Dr. Bryant and Dr. Burton, private treatment records from Dr. S.W.R., inpatient hospital records, and a TBI protocol examination by a neurologist.

The Board has determined that a new examination and opinion are necessary to properly adjudicate the Veteran's claim for service connection for TBI. The case is therefore being remanded.

The Veteran's service connection claim for TBI and its residuals is denied as there is no evidence of a current diagnosis or relationship to his active service.

The Board denied the Veteran's claims for service connection for a neck disability including myofascial pain syndrome of the neck, bilateral upper extremity radiculopathy, and TBI. The decision also addressed whether new and material evidence had been received to reopen these claims.

The Veteran's claim for service connection of TBI was granted with an effective date of March 29, 2013. The Board found that the preponderance of evidence showed the Veteran incurred and was diagnosed with TBI in service.

The Board has denied the Veteran's claims for service connection for various conditions, including sleep apnea, PTSD, chronic pain disorder, and other neurological disorders. The decision is based on the lack of evidence supporting a direct link between these conditions and his military service.

The Veteran's other specified trauma and stressor related disorder, post-traumatic headaches, and TBI are directly related to his active service and existed when the informal claim was received by VA. Effective date of September 10, 2009, for the grant of service connection.

The Veteran's TBI was rated as 10 percent disabling effective December 31, 2009.

The Board has remanded the case for additional development, including an examination to determine if the Veteran has current residuals of a TBI and whether these are related to service.

The Veteran's claim for service connection for a bilateral foot condition (trench foot) has been reopened. The other issues remain pending and are evaluated on their merits.

The Board has determined that the Veteran's current low back and left knee disabilities are not related to service, and his right knee disability is not shown to be present. The Veteran's claimed TBI residuals have been remanded for further development.

The Board has remanded the case due to the need for additional development, including obtaining inpatient hospitalization records and scheduling a VA examination.

The Board finds that the reduction of the rating for Traumatic Brain Injury from 70% to 10%, effective October 1, 2012, was proper as it did not result in a reduction of compensation payments.

The Board has determined that it is at least as likely as not that the Veteran sustained an inservice traumatic brain injury and later developed migraine headaches secondary to this injury, warranting service connection for both conditions.

The Veteran's appeal has been dismissed as he withdrew his appeals for the issues of increased ratings for traumatic brain injury and bipolar I disorders, and post-concussion headache syndrome.