Traumatic brain injury (TBI) decisions — 2017

The Veteran's TBI residuals have been rated at 40 percent since October 23, 2008. The appeal for a higher rating is denied as the highest level of impairment in any facet does not meet the criteria for a higher rating.

The Board has remanded the case for additional development, including a new VA examination and consideration of new evidence. The Veteran's claim for TDIU remains pending.

The Veteran's claims for bilateral hearing loss, tinnitus, and traumatic brain injury have been denied. Service connection has been established for anemia.

The Veteran's claims for frostbite residuals of the bilateral lower and upper extremities, nose, and ears have not been established. The claim for acquired psychiatric disorder (including PTSD and depression) has been established with secondary service connection to his service-connected spondylolisthesis.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and information from private providers. The matter of his entitlement to service connection for bilateral hearing loss and tinnitus was raised during the January 2017 Board hearing.

The Veteran's psychiatric disability, including PTSD, depression, and TBI residuals, has been found to result in total social and occupational impairment for the entire period on appeal. The Board grants an initial rating of 100 percent.

The Board found that the Veteran's service-connected residuals, frostbite, bilateral feet and bilateral hearing loss disability do not meet the criteria for a compensable rating. The Veteran's claim for increased rating of his hearing loss was denied.

The Veteran's service connection for a traumatic brain injury and anxiety disorder has been reopened, and the claim is granted. The Veteran meets the criteria for a TDIU based on his service-connected disabilities.

The Board has determined that additional development is necessary before a decision can be made regarding the Veteran's claims for service connection and initial evaluations for various conditions, including PTSD, TBI residuals, migraine headaches, and hypertension.

The Board has determined that the Veteran's TBI is related to his active service, and therefore grants service connection for this condition.

The Board found that the Veteran's TBI did not result in any cognitive impairment or other residuals, and thus denied his claim for a compensable disability evaluation.

The Veteran's appeal is remanded due to the need for additional development, including obtaining service personnel records and addressing whether his in-service injury was incurred in line of duty. The issues on appeal will be reconsidered after these actions.

The Board found that the March 1999 rating decision contained clear and unmistakable error (CUE) in failing to award SMC at R1 level based on aid and attendance, which was established due to the Veteran's service-connected TBI requiring regular aid and assistance.

The Board has remanded the case for further development, including scheduling a VA examination to assess the current nature and severity of the Veteran's service-connected traumatic brain injury (TBI) with residuals of chronic tension headaches.

The Veteran's appeal has been withdrawn due to the receipt of a request for withdrawal prior to the Board issuing a decision.

The Board has determined that the Veteran incurred a TBI during service and his current cognitive dysfunction and psychiatric impairment are residuals of that injury. Service connection is granted for these conditions.

The Veteran's TBI was not manifested by cognitive, emotion/behavioral and physical impairment consistent with a compensable rating before January 17, 2012.,As of January 17, 2012, the Veteran's TBI is manifested by mild memory loss. A separate 10 percent rating for vertigo as a residual of TBI has also been granted.

The Veteran's claim for service connection for residuals of frostbite, to include bilateral hands and feet, is denied as there are no current residuals found by VA medical professionals.

The Board has denied the Veteran's claims for service connection for TBI and stroke, finding that there is no current diagnosis of a TBI or its residuals, and that any stroke is not related to his in-service TBI.

The Board has granted the Veteran's claims of service connection for left knee strain and instability with torn meniscus, as well as his claim to reopen a previously denied claim for residuals of frostbite of both hands. The effective dates for these grants are set at February 16, 2006.