Traumatic brain injury (TBI) decisions — 2016

The Board is remanding the case for further development, including obtaining a supplemental opinion from the February 2014 examiner regarding whether the Veteran's cervical spine disability was aggravated by his service-connected lumbar strain and TBI.

The Veteran has withdrawn his appeals regarding the increased ratings for PTSD, painful scar, mid scalp, scars of the mid scalp and right forehead, traumatic brain injury, and hearing loss.

The Veteran's claimed conditions, including gastroesophageal reflux disease (GERD), fever outbreak, sleep apnea, sero-negative polyarthritis, and traumatic brain injury, were not found to be related to service or service-connected conditions. The Board denied these claims as the evidence did not support a finding of direct service connection.

The Veteran is granted a 100 percent disability rating for PTSD and cognitive disorder, effective March 25, 2009. A 60 percent disability rating for HSV, type 2 is also granted, effective June 1, 2010.

The Board has granted service connection for a TBI and remanded the remaining claims due to need for additional development.

The Board found that the Veteran's head injury during service was due to his willful misconduct, and therefore not incurred in line of duty. As a result, the claim for service connection for Traumatic Brain Injury is denied.

The Veteran's appeal for service connection for bilateral hearing loss and initial evaluations for his PTSD, major depressive disorder, mechanical cervical muscle strain, and mechanical lumbar strain have been withdrawn. The case is being remanded to obtain updated VA treatment records and a neurological examination.

The Veteran's claims for increased ratings for TBI and headaches, as well as a claim for TDIU, are being remanded due to the need for additional development.

The Veteran's PTSD has been rated as 30 percent prior to October 13, 2009; 50 percent from October 13, 2009 to December 28, 2011; and 70 percent from December 29, 2011 to March 10, 2014. The Veteran's migraine headaches have been dismissed.

The Veteran does not have a permanent total service-connected disability, and therefore does not meet the criteria for Dependents' Educational Assistance under Chapter 35 of Title 38 U.S.C.A.

The Board has granted service connection for recurrent TBI residuals and recurrent right eye injury residuals including traumatic retrobulbar optic neuropathy, as well as entitlement to SMC based on loss of use of a creative organ due to erectile dysfunction. The Veteran's PTSD is currently evaluated at 50 percent.

The Board has granted service connection for depressive disorder NOS. The remaining claims are remanded for additional development.

The Board has remanded the case due to inconsistencies in a previous VA examination report and the need for additional medical records. The Veteran's claim will be reconsidered after these actions.

The Veteran's claim for service connection for residuals of a traumatic brain injury is being remanded due to the need for additional development, including obtaining medical opinions and records.

The Veteran's appeal is being remanded for further development, including obtaining VA examinations and opinions to assess the combined effect of his service-connected disabilities on his ability to work. The TDIU claim will be deferred until this process is completed.

The Board denied the Veteran's claims for service connection for tinnitus, back disorder, bilateral shoulder degenerative joint disease, and higher ratings for residuals of TBI and residuals of TBI with tension-type headaches.

The Board has remanded the issues of service connection for TBI, headaches, and tinnitus due to new evidence received since the last final denial. The Veteran's claims are being reviewed de novo.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining records of his treatment at a VA Medical Center in Huntington, West Virginia, and updating records of his VA treatment. The case will be readjudicated based on all evidence.

The Veteran's appeal regarding the issues of bilateral hearing loss, bilateral wrist disability, sleep apnea, and residuals of meningitis has been withdrawn.,The Veteran's bilateral pes planus clearly and unmistakably pre-existed active duty service and was not incurred or aggravated by such service.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance, as he requires assistance with daily activities such as feeding himself, keeping himself clean, and protecting himself from environmental hazards.