Traumatic brain injury (TBI) decisions — 2017

The Veteran's appeal is being remanded due to the need for a local hearing at the regional office.

The Board found that the Veteran's claimed conditions are not related to his military service and denied both claims.

The Board has determined that the Veteran does not have a current disability of traumatic brain injury (TBI) or memory loss, and therefore cannot establish service connection for these conditions.

The Veteran is seeking a TDIU based on his service-connected headaches due to Traumatic Brain Injury. The Board has remanded the case for further development, including a VA examination.

The Board has remanded the case for additional development, including obtaining relevant medical records and clarifying whether there are available VA treatment records. The appellant's claims for service connection on appeal will be reconsidered after this additional development.

The Veteran's service-connected PTSD was rated at 50% from September 2, 2005 to May 14, 2008 and at 70% thereafter. The Board found that the symptoms warranted a higher rating.

The Veteran's TBI residuals have been rated at 10 percent since November 29, 2010. The rating was increased to 40 percent effective May 11, 2011 and then decreased back to 10 percent effective June 16, 2016.

The Veteran's appeals for increased ratings and service connection were denied. The Board found that the evidence did not support higher ratings or service connection for his claimed conditions.

The Board has ordered additional development due to the need for updated VA treatment records and a new examination. The Veteran's claims of increased disability rating for TBI and entitlement to TDIU are pending.

The Veteran's chronic headaches are rated at the maximum allowable rating of 50 percent. The TBI is currently rated as a '1' prior to October 14, 2016 and as a '3' after that date. The Veteran has been unable to secure gainful employment due to his service-connected disabilities since March 12, 2010.

The Board has determined that the Veteran's left upper extremity hemiparesis does not meet or approximate criteria for a rating in excess of 60 percent, and his residuals of TBI do not warrant a higher than 10 percent evaluation.

The Veteran's TBI prior to October 23, 2008 is manifested by purely subjective complaints such as headaches and weakness associated with syringomyelia. No objective neurological deficits or diagnoses have been established.

The Veteran's appeal is being remanded to obtain additional records and conduct VA examinations in order to determine the current severity of his TBI and any associated dysfunctions, including a headache disorder and a memory disorder.

The Board has granted service connection for right shoulder disabilities, traumatic brain injury (TBI), cognitive disorder, NOS, and left knee disability on the basis that these conditions are proximately due to a service-connected left shoulder disability.

The Veteran withdrew his appeal for service connection of Adjustment Disorder with Suicidal Tendencies. The Board dismissed the appeal.

The Veteran's closed head injury with mild/stable TBI is rated at 40 percent effective January 13, 2017.,The Veteran's xerosis of the hands is rated at 30 percent effective December 22, 2016.

The Veteran's claims of service connection for TBI, headaches, and dizziness are being remanded due to the need for additional VA examinations to determine their etiology. The Board will consider these findings in deciding whether service connection is warranted.

The Board has remanded the case for a new VA examination to determine if the Veteran's TBI, migraine headaches, and psychiatric disorder are related to service.

The Veteran's combined evaluation of service-connected disabilities is 90 percent, meeting the threshold requirement for TDIU.,His gastritis is rated at 10 percent and does not meet the criteria for a higher rating.

The Board has determined that the Veteran's bilateral hearing loss, erectile dysfunction, and headaches due to TBI were not incurred or aggravated during service. The evidence does not support a finding of continuity of symptomatology since service.