Traumatic brain injury (TBI) decisions — 2016

The Board found that the Veteran does not have a current TBI diagnosis and thus cannot establish service connection for residuals of a TBI.

The Veteran's claims for service connection for a traumatic brain injury and bipolar disorder have been denied. The right ankle disability has been granted with evaluations of 20% prior to May 17, 2016, and 30% beginning May 17, 2016.,The Veteran's claims were not supported by the evidence provided.

The Veteran's claims for service connection for traumatic brain injury and specially adapted housing or a special home adaptation grant are being remanded due to scheduling issues.

During the period from September 24, 2000 to July 27, 2009, the Veteran's service-connected psychiatric disorder (adjustment disorder with mixed anxiety, depression, and muscular tenderness of unclear etiology) more nearly approximated occupational and social impairment with deficiencies in most areas.,During the pendency of the appeal, service connection was established for cognitive dysfunction, status post TBI, effective July 27, 2009. The Veteran's claims for an increased rating for her service-connected psychiatric disorder and for a TDIU were received by VA on September 24, 2001.

The Veteran's PTSD is rated at 50 percent prior to September 16, 2013 and denied for a higher rating since that date.

The Veteran withdrew her appeal regarding the issue of entitlement to a rating in excess of 40 percent for TBI.

The Veteran's claims for service connection for myopia, traumatic brain injury, and herniated disc at C5-C6 were denied as there is no evidence of a nexus between the conditions and active service.

The Veteran's claims for service connection for TBI and bilateral hearing loss were denied. The Board found that the Veteran did not have residuals of a mild TBI other than PTSD, migraine headaches, and tinnitus. His bilateral sensorineural hearing loss was also not shown to meet VA criteria for disability.

The Board has granted service connection for a low back disorder, bilateral knee disorder, neuropathy of the bilateral lower extremities, and residuals of frostbite to the feet due to credible evidence linking these conditions to service. The Veteran requires regular aid and attendance as a result of his service-connected disabilities.

The Veteran's TBI and related headaches are being remanded for further evaluation as his claim has worsened since the last examination.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to assess his service-connected inner lower lip scar, traumatic brain injury, and lumbar spine disorder.

The Board has granted service connection for PTSD and depression, finding that the Veteran's current diagnoses are related to his military sexual trauma. The remaining issues of service connection have been remanded.

The Veteran has been granted service connection for left foot plantar fasciitis. The Board finds that the Veteran's current right ankle, low back, upper back (neck), TBI residuals, bilateral hearing loss disability, and tinnitus are not established as service-connected.

The Veteran's claims for hepatitis and an increased rating for a right ankle disability have been withdrawn. The claim of service connection for TBI has not been met.

The Veteran's appeal is being remanded due to the need for a new hearing before a Veterans Law Judge.

The Board has determined that the initial TBI examination was inadequate and requires a new examination to determine if the Veteran's Traumatic Brain Injury is related to service.

The Board has remanded the case due to issues related to service connection for Traumatic Brain Injury, bilateral hearing loss, and tinnitus. The Veteran will be scheduled for a new TBI examination conducted by one of the four designated specialists.

The Veteran's claim for bilateral hearing loss and residuals of frostbite of the right leg was denied as there is no competent evidence showing these conditions were incurred or aggravated by service.

The Veteran's claims for increased ratings for residuals of frostbite and mild peripheral nerve injury to the feet have been denied as his conditions do not meet the criteria for higher disability ratings under applicable diagnostic codes.

The Board has remanded the case for further development, including a new examination to assess the Veteran's service-connected residuals of a TBI with posttraumatic headaches and consideration of his claim for a total disability rating based on individual unemployability (TDIU).