Traumatic brain injury (TBI) decisions — 2017

The Veteran's claims for service connection have been denied. The Board finds that the evidence does not support a finding of current diagnoses or a link between any claimed conditions and active military service.,No new effective date has been granted as no earlier effective date claim was filed.

The Board finds that the Veteran does not have current residuals of a TBI. While his headaches may be related to service, they are not considered residuals of an in-service TBI.

The Veteran's PTSD and TBI residuals have been rated based on their current manifestations, with the PTSD receiving a 50 percent rating since January 22, 2008, and the TBI receiving a 10 percent rating since October 30, 2009. The Board found that neither condition warranted higher ratings.

The Board finds that the Veteran does not have a current pulmonary disorder, and thus service connection for this condition is denied. For his claim of residuals of frostbite, the VA examiner concluded that there was no evidence of frostbite during active duty and that any osteoarthritis or edema of the legs are less likely related to frostbite.

The Board has determined that the Veteran's current residuals of a traumatic brain injury are related to his military service and grants service connection for this condition.

The Veteran's appeal is being remanded for additional development to address his claims of service connection for TBI and a higher rating for bilateral hearing loss.

The Veteran's TBI residuals are rated at 40 percent effective March 29, 2014. The issue of entitlement to a TDIU is before the Board.

The Veteran's TBI residuals, including cognitive impairment and post-traumatic headaches, were rated at 70 percent prior to November 24, 2015.

The Veteran's claims for initial evaluations in excess of 20 percent for residuals of frostbite of the hands and a compensable evaluation for bilateral Adie's Syndrome have been denied as there is no evidence of an exceptional or unusual disability picture that renders application of regular rating criteria impractical.

The Board has determined that the Veteran's service connection for residuals of traumatic brain injury is granted. However, the reduction in his lumbar spine disability rating from 20% to 10%, effective October 1, 2011, was found to be improper due to lack of evidence showing actual improvement and its impact on the Veteran's ability to function.

The Board has determined that the effective dates for service connection of degenerative joint and disc disease, lumbosacral spine; mixed headache disorder with myofascial neck pain; and traumatic brain injury are May 19, 2010.

The Board has granted service connection for TBI and found that the appellant's daughter submitted an informal claim on behalf of the Veteran. The effective date is October 31, 2012. The Board also found that the appellant meets the criteria for SMC based on need for aid and attendance.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a new examination to assess the severity of her service-connected minor concussive syndrome, TBI, chronic cervical strain and cervical spondylosis and neuroforaminal stenosis bilaterally from degenerative spurs, as well as any relationship between her lumbosacral spine disability and her service-connected cervical spine disability.

The Board has remanded the Veteran's claims for service connection for residuals of a traumatic brain injury and cervical spine injury due to failure to appear for scheduled VA examinations. The case is being returned to the AOJ for further development.

The Veteran's claim for service connection for Raynaud's phenomenon was denied as the earliest date of receipt of a claim is January 22, 2009.,For frostbite residuals of each foot, the current rating of 10 percent remains unchanged.

The Board has determined that the Veteran's bilateral hearing loss and residuals of a traumatic brain injury are service-connected, with all three elements (current disability, in-service event/injury, and link between the two) being met.

The Veteran's appeal has been dismissed due to her death before a decision was made by the Board.

The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury or an acquired psychiatric disorder, to include depression. The evidence does not support a finding that these conditions are related to service.

The Veteran's service-connected PTSD, major depressive disorder and mild TBI disabilities have rendered him unable to secure or maintain substantially gainful employment since January 29, 2010. The Board has granted a total disability rating for compensation due to the combined effect of these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA disability benefits records. An etiology opinion will also be obtained regarding the Veteran's neck and back pain.