Traumatic brain injury (TBI) decisions — 2017

The Board has decided to remand the case for further development and an examination, as there was no medical opinion provided regarding whether the Veteran's frostbite of the lower extremities is related to his military service.

The Veteran has been granted service connection for frostbite residuals of the bilateral ears, with no issues on appeal and a direct link to in-service exposure.

The Veteran's PTSD is rated at 70 percent, and his TBI residuals are rated at 40 percent for headaches. The Board has granted a TDIU rating based on the combined service-connected disabilities.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's psychiatric disorders and their relationship to service, particularly his in-service TBI. The case is now being returned for further examination and opinion.

The Veteran's claims for higher ratings for migraine headaches and right knee disability, as well as his claim for service connection for residuals of traumatic brain injury, are being remanded due to the need for additional examinations.

The Board has determined that the Veteran's service connection claims for TBI and varicose veins are granted.

The Board has decided to remand the case due to the need for clarification of the etiology of any current traumatic brain injury (TBI) disability. The Veteran's claims file will be forwarded to a neurologist, psychiatrist, physiatrist, or neurosurgeon for an addendum medical opinion.

The Board has decided to remand the case for a new examination and opinion regarding the Veteran's claim of service connection for residuals of a traumatic brain injury (TBI). The examiner will need to address whether there is clear and unmistakable evidence that the Veteran had a preexisting TBI prior to enlistment, if so, whether it was aggravated by service. They must also determine if the current residual symptoms are at least as likely as not related to the Veteran's service.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination and readjudication of his claims.

The Veteran is entitled to an educational assistance benefit level of 100 percent under Chapter 33 (Post-9/11 GI Bill) due to his service-connected disabilities and the fact that he was discharged from service due to a service-connected disability.

The Veteran's PTSD and TBI with Memory Loss have been granted service connection, but the initial ratings for both conditions are denied. The Veteran is currently receiving 70% ratings for PTSD and TBI with Memory Loss since February 1, 2012.

The Board has remanded the claims for additional development, including obtaining medical opinions and arranging for VA examinations. The Veteran's appeals include requests for increased ratings for headaches due to head trauma and TBI, as well as a claim for a total disability rating based on individual unemployability prior to August 26, 2003.

The Veteran's appeal for service connection for bilateral hearing loss, including secondary to residuals of a traumatic brain injury, has been withdrawn. As such, the Board does not have jurisdiction to review this appeal and it is dismissed.

The Veteran's claims of service connection for bilateral hearing loss, tinnitus, and headaches/dizziness have been withdrawn. The claim for service connection for an acquired psychiatric disorder other than PTSD has been reopened due to the submission of new evidence. However, there is no current diagnosis of a traumatic brain injury or service-connected psychiatric disability other than PTSD.

The Veteran's service-connected disabilities render him unable to obtain and secure substantial gainful employment, thus meeting the criteria for a TDIU.

The Veteran's PTSD was rated at 50 percent since June 18, 2014. The Board granted service connection for PTSD and assigned a 50 percent disability rating.,The Veteran's TBI residuals, including headaches, were also granted service connection.

The Board denied the Veteran's claims for service connection for a chronic skin rash, traumatic brain injury (TBI), and gastrointestinal/colon disability. The decision found that new and material evidence was not received to reopen the claim for a chronic skin rash. It also determined that there were no residuals of TBI or gastrointestinal disorder related to active duty service.

The Veteran's TBI with residual headaches is rated as 10 percent disabling, and the Board finds that a higher rating is not warranted. The Veteran's degenerative joint disease of the right knee was not incurred in or aggravated by service, and arthritis did not manifest within one year post-service. Therefore, both issues were denied.

The Veteran's initial disability rating for Traumatic Brain Injury (TBI) is being remanded due to the need for a new VA examination and consideration of outstanding VA treatment records.