Traumatic brain injury (TBI) decisions — 2016

The Veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations and obtaining medical records.

The Board has determined that the Veteran's TBI residuals and left shoulder rotator cuff tendonitis are service-connected as they were caused by his PTSD, which is already service-connected.

The Veteran's back disability is granted as service-connected, and he is assigned a 100% rating for his TBI from October 23, 2008.,He also receives separate ratings for migraine headaches associated with his TBI and SMC based on the need for aid and attendance.

The Board has determined that the Veteran did not sustain a traumatic brain injury during service, and therefore does not have residuals of such. The claims for degenerative joint disease affecting both hips and knees are also denied as they do not involve service connection.

The Board has determined that there is no credible evidence of a cervical spine injury or TBI in service, and the Veteran's current conditions are not related to his military service.

The Veteran's claim for an increased rating for his traumatic brain injury with cognitive disorder is being remanded due to the need for a psychiatric examination.

The Board has remanded the case due to an inadequate examination, and a new examination is needed to determine if the Veteran currently suffers from TBI residuals.

The Board found that the Veteran did not have a diagnosed Traumatic Brain Injury or its residuals during service or at any time thereafter, and thus denied his claim for service connection.

The Board has remanded the case for additional development, including a new VA examination to assess the Veteran's employability and determine the current severity of his service-connected TBI with headaches and vertigo.

The Veteran withdrew his appeal for service connection of traumatic brain injury, resulting in the dismissal of this issue.

The Board found that there is no current residual of a TBI and service connection cannot be established for any disability other than the already service-connected PTSD.

The Board has remanded the Veteran's claims for increased ratings for migraine headaches and residuals of a traumatic brain injury due to procedural issues, including obtaining additional evidence and providing VCAA notice.

The Veteran has been diagnosed with traumatic brain injury and migraine headaches, both of which are found to be related to his service. The Board finds that the criteria for service connection have been met.,The Veteran is also service connected for right arm and hand numbness and flat feet, both of which are found to be related to his service.

The Veteran's claims for increased ratings for his service-connected left lower extremity sciatica and PTSD are being remanded due to the receipt of additional evidence.,The Veteran's claim for an increased rating for his service-connected lumbar spine spondylosis is being remanded due to the receipt of additional evidence.,The Veteran's claims for increased ratings for his service-connected right knee patellofemoral syndrome and headaches are being remanded due to the receipt of additional evidence.,The Veteran's claim for an initial disability rating in excess of 10 percent for his service-connected residuals of a traumatic brain injury is being remanded due to the receipt of additional evidence.,The reduction in rating for a right ankle disorder from 10 percent to a noncompensable rating was proper, and this portion of the appeal period is no longer before the Board.

The Veteran's increased ratings for residuals of right and left foot frostbite have been granted, with a rating of 20 percent for the right foot and 30 percent for the left foot effective from May 9, 2013. A separate evaluation for dermatitis as a residual of frostbite of the feet is addressed in the REMAND below.

The Veteran's service-connected frostbite of the upper and lower extremities does not meet the criteria for special monthly compensation based on the need for aid and attendance or at the housebound rate due to his nonservice-connected disabilities.

The Veteran's service-connected PTSD with TBI and traumatic encephalopathy, along with other nonservice-connected conditions, necessitates the need for regular aid and attendance of another person. The Board has determined that this meets the criteria for SMC based on aid and attendance.

The Veteran withdrew his appeal regarding the denial of service connection for a TBI.

The Veteran's claims for service connection and increased ratings were all granted, with the exception of a claim seeking an earlier effective date for his right knee disability.

The Veteran's TBI is rated at 10 percent for memory, attention, concentration, and executive functions. He also has a separate rating of 30 percent for vertigo associated with the TBI. The Board granted entitlement to TDIU based on his service-connected disabilities.