Traumatic brain injury (TBI) decisions — 2017

The Veteran is granted a 70 percent rating for service-connected depressive disorder prior to July 29, 2009.,A compensable rating of 10 percent is assigned for hypertension throughout the appeal period.

The Board has determined that additional development is needed to properly assess the Veteran's claims, including obtaining outstanding VA and private treatment records and scheduling a VA examination.

The Veteran's vasomotor rhinitis has not been manifested by greater than 50 percent obstruction of nasal passages on both sides, complete obstruction on one side, or polyps. The Veteran is therefore not entitled to a compensable evaluation for his service-connected vasomotor rhinitis.

The Veteran's appeal regarding bilateral upper extremity frostbite residuals was withdrawn. The claim for service connection for a deviated septum has been reopened and granted.,Service connection is granted for the Veteran's deviated septum, bilateral pes planus, right ear hearing loss, and tinnitus. Service connection for left ear hearing loss is denied.

The Veteran's claims for TMJ dysfunction, an acquired psychiatric disorder (including depression, anxiety, and a mood disorder), residuals of TBI, left hip disability, left knee disability, low back disability, and increased rating for service-connected left foot disability have been granted.

The Board has remanded the case for further development and medical opinions regarding service connection, exposure to herbicide agents, and the cause of death.

The Veteran's appeal for an effective date earlier than February 11, 2014, for the grant of a 10 percent evaluation for service-connected TBI residuals has been dismissed due to it being equivalent to a previously denied issue. The Board does not have jurisdiction over this matter.

The Board has determined that the Veteran does not have a current diagnosis of TBI or any residuals thereof, and thus service connection for residuals of TBI is denied.

The Veteran's TBI and PTSD have been granted service connection, with ratings for PTSD ranging from 50% to 100% based on the severity of symptoms.

The Veteran's TBI residuals and PTSD have been granted service connection, with a 70% disability rating for PTSD effective October 31, 2013. The Veteran has also been granted a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board has reopened the claim for service connection for PTSD due to new and material evidence. However, it has been determined that there is no link between the Veteran's current PTSD diagnosis and an in-service stressor, specifically being hit by a chair during active duty. The claim for TBI and its residuals was also denied as there is insufficient evidence linking these conditions to service.

The Veteran has withdrawn his appeals for the aforementioned issues, and they are hereby dismissed.

The Board has remanded the case for further development and readjudication due to new evidence submitted by the Veteran.

The Board has denied the Veteran's claims of service connection for bilateral leg disorders, an acquired psychiatric disorder (bipolar disorder and personality disorder), residuals of traumatic brain injury (TBI), Parkinson's disease, and microadenoma. The reasons are provided in the decision.

The Board found that the Veteran's current left hip and right knee disabilities are not related to his active duty service, and thus denied these claims. The Board also determined there is no evidence of a TBI or left hand numbness.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Board denied the Veteran's claim for service connection for closed head injury, claimed as traumatic brain injury due to a finding that it was incurred as a result of willful misconduct and not within the line of duty.

The Veteran's PTSD is rated at 50 percent, and the service-connected disabilities do not meet criteria for a higher rating. The Veteran's recurrent right ear perforated tympanic membrane and recurrent otitis media are rated under Diagnostic Codes 6201-6211.

The Veteran's TBI residuals have been evaluated as Level 0 impairment of any cognitive function, and he does not have an acquired psychiatric disorder that was caused or aggravated by his service. As such, the claims for a compensable rating for TBI and service connection for an acquired psychiatric disability are denied.

The Veteran's appeal was reopened and service connection for a cervical spine disorder, headaches, bilateral great toe disorders, and TBI were granted. The Veteran also had his disability rating restored to 40 percent for the back disorder.