Traumatic brain injury (TBI) decisions — 2017

The Board has withdrawn the Veteran's claim for an increased rating for his right foot disability. The Veteran is granted service connection for a traumatic brain injury and a right eye disability, both of which are linked to his in-service injuries.

The Board denied the Veteran's petition to reopen his claim for service connection for a hearing loss disability. The Veteran's PTSD with alcohol and marijuana abuse was rated in excess of 70 percent prior to March 1, 2013 and in excess of 50 percent beginning on March 1, 2013. The TDIU issue is also denied.

The Veteran's tinnitus and brain disability were not incurred in or aggravated by service. The Board finds that the evidence does not support a finding of service connection for these conditions.

The Veteran's frostbite of both feet is rated at the maximum schedular rating (30%) and no higher, as all symptoms are adequately contemplated in this rating. The TDIU claim has been granted.

The Veteran's service-connected conditions did not preclude him from securing and following all forms of substantially gainful employment that are consistent with his education and occupational experience prior to July 26, 2016.

The Veteran's appeal is being remanded due to the need for a new VA examination to determine whether his headaches are prostrating and if so, whether he is entitled to a separate rating under DC 8100.

The Board has decided to remand the case for additional development, including obtaining a VA examination to address the Veteran's claim of service connection for a neurologic disability.

The Veteran's appeal involves the issue of whether he has a sleep disorder that is related to his service-connected GERD or TBI with panic disorder, generalized anxiety disorder and mood disorder. The Board finds additional development is needed as there may be an undiagnosed illness component.

The Board has remanded the case for additional development to obtain medical records and provide a VA examination to determine the nature and etiology of any acquired psychiatric disorder and traumatic brain injury.

The Veteran's service-connected TBI warrants a 30 percent rating, effective June 24, 2013. The Veteran has been diagnosed with migraines that cause characteristic prostrating attacks occurring more frequently than once per month.

The Veteran's TBI was found to be related to service, and he is now granted service connection for a traumatic brain injury.

The Board has remanded the case due to a need for new TBI examinations conducted by designated specialists, and other actions related to the Secretary's grant of equitable relief.

The Board has denied the Veteran's claims for service connection for fibromyalgia, sleep apnea, hiatal hernia, residuals of a TBI, and an acquired psychiatric disorder as there is no evidence that these conditions are related to his military service.

The Veteran's claims for service connection and increased ratings for his ankle disabilities were denied. The Board found no evidence of frostbite residuals or other service-connected conditions that could account for the Veteran's current symptoms, and concluded that the preponderance of the evidence was against these claims.

The Veteran's appeal is being remanded for additional development, including scheduling a TBI examination by one of the designated specialists. The issue will be reconsidered after this process.

The Veteran's claims for increased evaluations for posttraumatic stress disorder and traumatic brain injury are being remanded due to the need to obtain additional treatment records from the Denver Vet Center.

The Veteran's claims for service connection for residuals of cerebrovascular accident (CVA) or stroke, and initial disability ratings for TBI with cephalgia and tension headaches associated with TBI have been denied. The Veteran's degenerative disease of the lumbosacral spine has not met criteria for a higher rating prior to March 18, 2010, but does meet criteria for a 40 percent disability rating thereafter.

The Veteran's TBI and cervical spine disabilities are rated at 40 percent, the maximum allowed under VA rating criteria.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation.

The Veteran's claims for service connection have been denied as there is no current evidence of a hearing loss disability, and the Board finds that his claimed disabilities are not related to military service. The Veteran has also had his claims withdrawn for gastroesophageal reflux disease, sleep disorder, rib injury, and kidney injury.