Traumatic brain injury (TBI) decisions — 2017

The Veteran's service connection claims for a left knee disability, TBI residuals, and erectile dysfunction have been granted.

The Veteran's claims for service connection for TBI, PTSD, an acquired psychiatric disability other than PTSD, joint pain manifested by undiagnosed illness (Gulf War Syndrome), and bilateral hearing loss were all denied.,No current disabilities related to the claimed conditions were found.

The Veteran's appeal is remanded due to a change in his condition since the last examination and the need for additional treatment records.

The Board has determined that a VA examination is needed to assess the severity of the Veteran's service-connected bilateral hearing loss disability and to determine whether he has any objective residuals of TBI. The Veteran also needs an examination for TBI purposes by a VA physician who is a neurologist, to include opinions on whether his claimed ear drum, speech and walking/dizziness disorders are related to service or service-connected disabilities.

The Veteran's headaches with diminished sensation in the right parietal region, residual to TBI (formerly a skull fracture), were manifested by frequent completely prostrating attacks, productive of severe economic inadaptability. The scheduler criteria are adequate to evaluate the condition at all pertinent points.

The Veteran's PTSD was rated at 30 percent prior to July 22, 2015. The Board granted a 50 percent rating from October 29, 2013 to July 21, 2015, finding that his symptoms more closely approximated occupational and social impairment with reduced reliability and productivity.

The Board has denied service connection for stroke, facial neuritis, seizures, and TBI (head injury) as the evidence does not support a finding of current disabilities with these conditions. The Veteran's statements regarding in-service head injuries are considered insufficient to establish an in-service event.

The Veteran's claim is being remanded for additional development, including obtaining VA treatment records and providing an addendum to the September 2015 VA examination report.

The Board has determined that additional development is needed to obtain the appellant's SSA records, military dependent treatment records, and medical opinions. The case will be remanded for these actions.

The Veteran's TBI residuals, including posttraumatic headaches and essential tremors of the bilateral hands, are rated at 70 percent since January 21, 2010. The decision grants higher ratings for these conditions.

The Veteran's PTSD was rated at 70 percent from August 19, 2009 through August 17, 2015. The claim for TDIU was granted during this period. Service connection for residuals of a TBI was denied.

The Veteran's headaches are rated at 50% effective April 29, 2015. Prior to that date, the rating is 30%. The Veteran does not have service connection for left eye pain or right ear hearing loss.

The Board has decided to remand the case due to failure of the Veteran to report for a VA examination and because additional relevant VA treatment records need to be obtained.

The Veteran's head injury residuals and TBI were evaluated, with the head injury residuals rated at 10 percent prior to October 23, 2008, and the TBI rated at 40 percent since that date. The appeals for increased ratings are denied.

The Board has remanded the Veteran's claims for headaches and TBI residuals due to outstanding VA medical records and clarification of cognitive impairment.

The Veteran's service-connected cold weather injury residuals do not render him unable to secure and follow a substantially gainful occupation.

The Board found that the Veteran's service treatment records do not show any chronic or ongoing conditions related to his claimed TBI, and there is no evidence of a nexus between his current symptoms and his military service. The Board concluded that the residuals of loss of consciousness or traumatic brain injury are not service-connected.

The Veteran's disability rating for diabetic retinopathy was reduced from 50 percent to 10 percent. The Board found that the reduction was proper and denied his claims for TDIU and special adapted housing/special home adaption.

The Veteran's appeal is being remanded for additional examinations and a VA medical evaluation to determine the current severity of his service-connected TBI disability, as well as whether he is unemployable due to his service-connected disabilities. The case will be readjudicated after these actions.

The Veteran's service connection claims for residuals of traumatic brain injury, bilateral eye disorder (pigment dispersion syndrome), and sinus disorder are granted. The Veteran has been diagnosed with these conditions during or after his military service.