Traumatic brain injury (TBI) decisions — 2017

The Veteran's residuals of a TBI were rated at 10 percent from November 15, 2005 to January 22, 2009 and at 70 percent on and after January 23, 2009.

The Veteran's appeal is being remanded to obtain additional treatment records and a new examination for his service-connected TBI residuals. The issue of entitlement to an initial rating higher than 40 percent for TBI residuals will be addressed.

The Veteran's service connection claims for TBI, low back disability, sleep apnea, skin disability (folliculitis), and right ankle/foot disability have been granted. The Board found that the evidence supported these determinations based on sound medical opinions.

The Veteran's claims for increased disability ratings for traumatic arthritis of the right knee, residuals of frostbite of the right foot and left foot have been granted.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation and he had been substantially and gainfully employed for at least twelve months, with only temporary interruptions. Therefore, his TDIU benefits were properly discontinued as of October 1, 2014.

The Board has granted the Veteran's claim of entitlement to service connection for residuals of a traumatic brain injury, finding that his symptoms are related to an in-service head injury and are therefore service-connected.

The Veteran's PTSD and anxiety disorder with TBI residuals, to include cognitive disorder, have been rated at 70 percent since January 16, 2009. The claim for service connection for a low back disorder has been reopened due to new evidence received since the last denial in January 2010. Service connection is granted for bilateral wrist and ankle disorders but not for bilateral foot disorder.

The Veteran's acquired mental and cognitive disorders, NOS, residual of TBI have been rated at 50 percent prior to September 7, 2011.,Since September 7, 2011, the Veteran has not met the criteria for a rating in excess of 70 percent.

The Veteran's claim of service connection for residuals of commotio retinae of the left eye and residuals of traumatic brain injury (TBI) has been granted. The rating for PTSD remains at 30 percent.

The Veteran's service-connected traumatic brain injury is rated at 10 percent, and the Board found that a higher rating is not warranted based on the evidence of record.

The Board has reopened the Veteran's claims for service connection for residuals of a TBI other than a visual defect and for a visual defect, claimed as a residual of a TBI. The appeals are granted.

The Veteran's low back disability has been granted an initial evaluation of 20 percent, effective from November 13, 2012. The issues regarding headaches, neck disorder, right shoulder disability, and sinusitis have also been granted service connection based on secondary to a pre-existing condition (depressive disorder).

The Board has determined that the Veteran's residuals of a traumatic brain injury, including headaches, are at least as likely as not incurred in service due to exposure to explosions and IEDs while serving in Iraq. The claim is therefore granted.

The Board found no evidence of a service-connected traumatic brain injury and concluded that any current left upper and lower extremity weakness is not related to the Veteran's in-service head injury. The Board denied all claims for service connection.

The Board has determined that the Veteran does not have current residuals of a TBI other than headaches, and thus cannot establish service connection for decreased complex integrated cerebral function disturbance. The Veteran's service-connected disabilities do not result in the anatomical loss or loss of use of both feet or one hand and one foot, or blindness in both eyes, or render him permanently bedridden or so helpless as to be in need of regular aid and attendance.

The Veteran's claim for service connection for residuals of frostbite is being remanded due to the need for additional development, including searching for missing service records and obtaining a VA examination.

The Veteran's service treatment records are unavailable, and there is no medical evidence linking frostbite of the bilateral upper and lower extremities or coronary artery disease to his military service.,While the Veteran asserts that his heart condition is related to service due to exposure to herbicides, he lacks the necessary medical expertise to provide such an opinion.

The Board has determined that the Veteran's service connection claim for organic residuals of frostbite is granted as his skin cancer, which he claims was caused by exposure to extreme elements during service, is related to his active duty service.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a neck condition. Additionally, service connection is granted for TBI residuals.