Traumatic brain injury (TBI) decisions — 2017

The Veteran's claim for an increased disability rating for residuals of a TBI, to include vertigo, oscillopsias, abnormal gait, and status post repair of perilymph fistulas is being remanded due to the need for additional development including VA examinations.

The Board has determined that the service-connected peripheral neuropathy of the bilateral lower extremities, which is secondary to frostbite and rated as 20 percent disabling in each extremity, contributed substantially or materially to the Veteran's death. As such, the claim for service connection for cause of death is granted.

The Veteran's acquired psychiatric disorder, including PTSD, anxiety and depressive disorder, is found to be related to his service. His residuals of a traumatic brain injury are also found to be related to his service. The Veteran's service-connected disabilities preclude him from securing or following a substantially gainful occupation.

The Veteran's TBI residuals resulted in total impairment of memory, warranting a 100 percent disability rating. The claim for a TDIU is moot as the Veteran's residual of TBI alone meets the criteria for a 100 percent disability rating.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since October 12, 2011. Effective from that date, the Veteran is eligible for TDIU.

The Veteran withdrew his appeal before the Board could make a decision on his claim for service connection for TBI.

The Board has remanded the case due to a request for a video-conference hearing, and no other specific issues have been resolved.

The Veteran's claim for a higher rating for bilateral hearing loss since September 30, 2014 is denied. The Board also found that there is no evidence of service connection for hypertension or residuals of frostbite.

The Veteran has withdrawn his appeals on all issues, indicating satisfaction with the assigned disability evaluations and requesting that they be finalized.

The Veteran's claim for service connection for a traumatic brain injury (TBI) and short term memory loss is denied as there is no current diagnosis of TBI or its residuals.

The Veteran's combined disability rating is less than the 100% required for TDIU, and his service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board denied the Veteran's petitions to reopen his claims for service connection for right eye disability, left eye disability, and residuals of head injury including TBI and headache. The evidence did not show that these conditions were incurred or aggravated by service.

The Board has decided to remand several issues for further development and examination, including those related to TMJ, hypothyroidism, TBI with headaches, right foot disability, left ankle disability, and deviated nasal septum.

The Veteran does not have residuals of a TBI, and the Board finds that service connection for this condition is denied.

The Veteran's claims for increased ratings were denied as his left knee disability and migraines did not meet the criteria for higher ratings under applicable diagnostic codes.

The Veteran's appeal for recognition of L. J. as the helpless child of the Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18 has been withdrawn. The Veteran already had service connection for residuals of a traumatic brain injury, which implicitly covers his current claims.

The Board has determined that the Veteran's current residuals of a TBI, including seizures and an eye condition, are etiologically related to service. The claim is therefore granted.

The Veteran's appeal is being remanded due to a scheduling issue for a Board hearing. The issues of rating the Veteran's TBI and related conditions are still pending.

The Veteran's service-connected organic brain syndrome, peripheral vestibular disorder, and headaches are rated at 70 percent combined as of December 9, 2011. The Board finds the Veteran unable to secure or follow substantially gainful employment due solely to his service-connected disabilities from December 9, 2011.

The Veteran's claims for service connection for a traumatic brain injury with headaches and a neck disability are being remanded to obtain additional medical opinions regarding the etiology of these conditions.