Traumatic brain injury (TBI) decisions — 2016

The Veteran withdrew his appeal for a higher initial disability rating for residuals of TBI.

The Veteran's service-connected disabilities result in an impairment of his ability to retain employment consistent with his abilities, aptitudes, and interests. The evidence shows that a MBA degree is necessary for the Veteran to remain employed at his current position.

The Board has reopened the claim for service connection for a traumatic brain injury due to new evidence. However, there is no medical evidence supporting a current diagnosis of a traumatic brain injury and the Veteran's symptoms are more likely related to PTSD and anxiety rather than the in-service blast exposure.

The Veteran's service-connected traumatic brain injury residuals, including migraines and major depressive disorder, are rated at the highest possible levels. The initial 70 percent rating for TBI residuals is granted from May 20, 2013.

The Board has reopened the Veteran's claim of service connection for residuals of a traumatic brain injury (TBI) based on new evidence submitted since the August 2009 denial. The claim will now be considered on its merits.

The Veteran's service-connected disabilities precluded him from obtaining and following a substantially gainful occupation effective September 1, 2006.

The Veteran's claims for service connection of depression, seizure disorder, and TBI have been granted. The Veteran is now service-connected for these conditions.,An extraschedular rating has been assigned for the Veteran's tension headaches.

The Veteran's appeal for higher initial ratings for PTSD and TBI, as well as his claim for a total disability rating based on individual unemployability due to service-connected disorders (TDIU), are addressed. The Board finds that the Veteran perfected an appeal from the October 2008 rating decision that assigned the initial rating for PTSD.

The Veteran's claims for service connection and effective dates have been denied. The Board found that the evidence did not support earlier effective dates prior to January 14, 2014, for the grant of service connection for left knee patellofemoral syndrome and right knee patellar chondromalacia with patellofemoral syndrome. The Veteran's hemorrhoids were rated as noncompensable.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging a mental health examination. The issue of entitlement to a compensable rating for headaches associated with the TBI will also be addressed.

The Veteran's tinnitus had its onset in service and has been recurrent since then, warranting service connection. The remaining claims for lumbar spine disorder, sciatic nerve disorder, left shoulder disorder, and TBI residuals are addressed in the REMAND portion of the decision.

The Board has determined that the Veteran's TBI, migraines, dizziness, and photophobia are not service-connected as they did not occur during active duty or are not related to any incident of active service.

The Veteran's residuals of a head injury, to include TBI, headaches and sinus condition were not incurred in the line of duty due to his own willful misconduct.

The Board finds that the Veteran's current diagnosis of TBI is a result of his military service and grants the claim for service connection.

The Veteran's tinnitus is found to be etiologically related to his period of active service, and the claim for service connection for tinnitus is granted.

The Veteran is precluded from substantially gainful employment due to his service-connected disabilities, and the Board finds that he meets the criteria for a TDIU.

The Board has determined that the Veteran does not have residuals of a stroke, an immune system disorder manifested by skin rash and allergies, or a TBI. The headaches are also denied.

The Board finds that the Veteran's claims for service connection are not supported by credible evidence and thus, these claims have been denied.