Traumatic brain injury (TBI) decisions — 2016

The Veteran's PTSD and fibromyalgia are service-connected, with the TBI residuals not being a separate issue. The Veteran is granted a higher initial rating for PTSD from February 5, 2010, and a TDIU prior to that date.

The Veteran's TBI with headaches is rated at 30 percent, effective October 16, 2007.

The Veteran's claim for service connection for bilateral hammertoes was granted with an effective date of April 11, 2010. His PTSD remains at a maximum evaluation of 30 percent.

The Board has determined that the Veteran does not have residuals of TBI that are etiologically related to a head injury during his active service.

The Board denied the Veteran's claims for service connection for residuals of TBI, scarring of the head, left ear hearing loss, PTSD, right knee disability, migraine headaches, and skin disability. The Veteran did not have a scar on his head at any time during the appeal period. His migraines were rated as 10 percent disabling based on characteristic prostrating attacks averaging one in two months over the last several months.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims for service connection for residuals of a traumatic brain injury and bilateral elbow disability.

The Veteran's bilateral sensorineural hearing loss disability, tinnitus, and mild traumatic brain injury with memory impairment are all found to be related to his military service.,Service connection is granted for these conditions.

The Veteran's appeal is being remanded for a new TBI examination to be conducted by one of the four designated specialists (physiatrist, psychiatrist, neurologist, or neurosurgeon).

The Board has remanded the case for further development, including obtaining additional medical opinions and treatment records. The Veteran's claim of service connection for Traumatic Brain Injury is pending.

The Board finds that the Veteran's current TBI residuals are etiologically related to his active service and grants service connection for residuals of a TBI.

The Board has determined that there is no evidence of current residuals of frostbite to the right hand or left hand, and thus service connection for these conditions cannot be granted.

The Veteran's TIA and hypertension are found to be caused by his service-connected diabetes mellitus, type II.

The Veteran's appeal for a rating in excess of 10% for TBI and a compensable rating for headaches prior to October 20, 2014 has been denied. The evidence did not show objective cognitive impairment or prostrating attacks for headaches.

The Veteran's claims for service connection for a traumatic brain injury and an acquired psychiatric disorder are being remanded due to the need for additional development, including VA examinations.

The Board has determined that the Veteran's claims of service connection for various conditions, including a dorsal spine disability, degenerative lumbar spine disorder, head injury/traumatic brain injury, memory loss, right ear and eye fluttering, acquired psychiatric disorder (to include depression), cervical spine disability, left leg disorder to include genu varum of the knee, pulmonary disability to include asbestosis, generalized arthritis, right leg disorder to include genu varum of the knee, and migraine headaches have been denied. The Board found that there was no evidence showing a direct connection between these conditions and service.

The Veteran's unauthorized medical expenses incurred in October 2010 following a motorcycle accident are not eligible for payment or reimbursement by VA due to his having other insurance coverage.

The Veteran's appeal is denied as the Board finds no evidence of a current respiratory disorder or eye disability related to service. The Veteran's gastrointestinal and psychiatric conditions are found to be secondary to his spine disabilities.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated treatment records and scheduling a vocational specialist examination. The case will be reviewed again after these actions are completed.

The Veteran's TBI residuals have caused occasional disorientation to two of the four aspects (person, time, place, situation) of orientation; they have not caused more severe symptoms under any pertinent facet of cognitive impairment. The criteria for a disability rating of 40 percent for TBI residuals were met.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his TBI and its impact on his ability to work.