Traumatic brain injury (TBI) decisions — 2016

The Board denied the Veteran's appeal for a change in his vocational rehabilitation training program from actor to pharmacist due to the significant physical limitations caused by his service-connected disabilities, and the Veteran's refusal to pursue the goal of economics.

The Veteran is seeking service connection for residuals of a traumatic brain injury, including headaches. The Board has determined that additional development is needed and the case is being remanded to allow for AOJ consideration of new evidence.

The Veteran's right peroneal nerve palsy is not manifested by complete paralysis, and the current 30 percent rating for this condition remains appropriate.,Posttraumatic oculomotor dysfunction does not meet the criteria for a higher rating under applicable diagnostic codes.,Chin scars are rated based on their severity but do not warrant an increased rating as they do not cause significant functional impairment or limitation of motion.,The excision of the left serratus for a muscle flap graft affecting the non-dominant extremity does not meet the criteria for a higher rating under applicable diagnostic codes.,Degenerative disc disease with facet arthritis and spondylosis of the lumbar spine does not meet the criteria for a higher rating as it does not result in incapacitating episodes or severe ankylosis.,Since April 19, 2016, the Veteran's TBI has been manifested by level '3' impairment under the Table of Facets of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified based on motor activity. A separate compensable rating for a peripheral vestibular disorder as a residual of TBI is granted.,Posttraumatic headaches, status-post TBI do not meet the criteria for a higher rating under applicable diagnostic codes.

The Board has remanded the Veteran's claim for an extraschedular rating for service-connected traumatic brain injury due to a lack of complete information and consideration of all his disabilities.

The Board denied the Veteran's claims for service connection for right ankle, bilateral wrist, and right hand disabilities. The claim for earlier effective date of a 40 percent rating for TBI with posttraumatic headaches was also denied. Service connection for residuals of a right eye injury and bilateral hearing loss were not granted due to lack of evidence supporting the conditions.

The Board denied service connection for diabetes mellitus and hypertension, finding no evidence of these conditions during active service or within one year post-service. The Veteran's current diagnoses were not related to his military service.,The Board also denied service connection for erectile dysfunction and a bilateral foot disability (residuals of frostbite), noting the absence of any in-service diagnosis or treatment.

The Veteran's appeal is remanded due to the lack of identification of an available VA medical facility for his service-connected bronchial asthma and other conditions. The case will be readjudicated based on this information.

The Veteran's PTSD has been rated at 70 percent since March 14, 2009. He is also granted a TDIU based on his service-connected PTSD alone, effective from March 14, 2009. The Veteran is also awarded SMC at the housebound rate due to his service-connected disabilities.

The Veteran's claim for a higher rating for residuals of traumatic brain injury, manifested by headaches, is granted. The claims for service connection for bilateral hearing loss, tinnitus, peripheral neuropathy of the right upper extremity, and chronic disabilities of the knees and ankles are addressed in the REMAND portion of this decision.

The Veteran's TBI and PTSD have been rated, but the current evaluations do not meet the criteria for an initial rating in excess of 70 percent or 50 percent respectively.

The Board has remanded the Veteran's claims for service connection for residuals of a traumatic brain injury and sleep apnea due to potential malingering, lack of documentation in service records, and need for additional development including obtaining unit records and providing new VA etiology opinions.

The Veteran's appeal is being remanded to the AOJ for further development and consideration of his claims, including whether new and material evidence has been received to reopen his claim for service connection for headaches.

The Veteran's service-connected tinnitus is assigned a maximum schedular rating of 10 percent, and no higher. The issues of entitlement to service connection for TBI, dental trauma, asthma, PTSD, an acquired psychiatric disability (other than PTSD), and hearing loss in the right ear are remanded for additional development.

The Board found no evidence of a current TBI, and the appellant's preexisting flat feet and calluses did not worsen during service. The appellant does not have a current diagnosis for hypertension, residuals of a chin injury, bilateral vision disorder, or chronic headaches.

The Veteran's appeal is being remanded for additional development, including a new VA examination to determine the etiology of his claimed conditions and whether he was on active duty for training or inactive duty training at the time of his motorcycle accident. The claims will be reconsidered after this additional development.

The Veteran's PTSD has been rated at 30 percent since May 28, 2013 and remains at that level. Headaches have not resulted in a compensable rating.

The Veteran's head injury and resulting conditions are not deemed to be caused by VA care, treatment, or examination.

The Veteran's acquired psychiatric disorder, diagnosed as depression and anxiety, is related to his military service. The Board finds that the evidence is at least in equipoise as to whether an acquired psychiatric disorder, diagnosed as depression and anxiety, is related to service.

The Veteran's appeal is being remanded for additional development to address the etiology of his tinnitus and hyperacusis, as well as evaluate his service connection claims. The case will be returned for further appellate review.

The Board has denied service connection for sleep apnea as a TBI residual, finding that the Veteran's current disability is not related to his in-service explosion. The Board granted service connection for multiple explosion residuals of TBI, headaches, and facial scars.