Traumatic brain injury (TBI) decisions — 2017

The Veteran's residuals of TBI are manifested by mild impairment in memory, attention, executive functions, and visual spatial orientation. The disability does not meet the criteria for a higher rating.

The Veteran's PTSD with anxiety and depression associated with TBI was granted a 50% rating, effective August 11, 2011. The RO also granted an increased initial rating of 70% for PTSD with anxiety and depressive disorder in December 2015.

The Board has granted service connection for residuals of mild traumatic brain injury and dismissed the issue of an increased rating for PTSD with major depression and history of alcohol abuse.

The Veteran's appeal is being remanded for additional development to obtain service treatment records and personnel records, as well as a VA examination. The issue of entitlement to service connection for TBI with associated symptoms will be reconsidered.

The Board found that the Veteran's tinnitus, head injury residuals, kidney infection residuals, and frostbite of the feet did not have their onset in service or are otherwise related to service. As a result, the claims for these conditions were denied.

The Board has remanded the issues of special monthly compensation based on aid and attendance/housebound, specially adapted housing, and entitlement to automobile or other conveyance and adaptive equipment for further development.

The Veteran's appeal was denied as the evidence did not support a higher rating for PTSD, and service connection was not established for TBI residuals, Vestibular Disorder (Vertigo), or Cervical Spine Disability.

The Board denied service connection for numbness in the left hand and fingers, right shoulder disability, left shoulder disability, numbness in the left leg, frostbite of the feet, and abdominal disability all claimed as secondary to a service-connected cervical spine disability.

The Board has determined that a VA examination and opinion are needed to establish whether the Veteran's current seizure disorder or traumatic brain injury is related to his service, including an incident on the USS Enterprise in 1969.

The Board has determined that the Veteran's TBI and PTSD are related to his military service, but it is unclear whether the residuals of these conditions began during service or are related to service. The decision is mixed as some issues were granted while others were not.

The Board has remanded the case due to a need for new initial TBI examinations and equitable relief granted by the Secretary. Service connection for cognitive disorder as residuals of traumatic brain injury remains denied.

The Veteran's PTSD and TBI have been granted, but the Veteran is seeking higher ratings. The service-connected disabilities meet the schedular criteria for TDIU.

The Veteran's claim for a higher initial rating for imbalance resulting from TBI was denied as the evidence did not meet the criteria for a higher rating under Diagnostic Code 9304.

The Veteran is awarded SMC-O based on the need for two separate SMC-L awards due to loss of use of both feet and need for regular aid and attendance.

The Veteran's appeal is being remanded for additional development to address the issues of service connection for various conditions, including PTSD and TBI. The claims will be reviewed after this additional development.

The Veteran withdrew his appeal of the initial ratings assigned for degenerative disc disease of the cervical spine, traumatic brain injury, and a right ear tympanic membrane in a January 2017 written statement.

The Veteran's recurrent migraine headaches due to traumatic brain injury are rated at a 50 percent since September 11, 2006.

The Board found that the Veteran's TBI was not incurred during active duty service, and thus denied his claim for service connection.

The Veteran's TBI residuals are evaluated as 40 percent disabling, effective from the date of his last employment (December 7, 2013).

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected TBI and PTSD.