Traumatic brain injury (TBI) decisions — 2017

The Board found that the Veteran's residuals of a TBI are not related to his period of service and denied the claim.

The Board has remanded the case due to the need for an examination of the appellant's claimed frostbite residuals and a medical opinion regarding their etiology.

The Veteran's PTSD symptoms are rated at the maximum schedular rating of 70 percent, and he is granted a separate compensable disability rating for TBI. The hearing loss in the left ear has been service-connected, and his migraine headaches have also received an increased rating.

The Board denied the Veteran's claim for service connection for Traumatic Brain Injury (TBI) as there is no evidence of a current disability or any link to service.

The Veteran's TBI disability is characterized by a total impairment in cognitive functioning, warranting an initial compensable evaluation of 10 percent.

The Veteran's claims for service connection for various conditions, including TBI, headaches, sleep apnea, peripheral neuropathy of the upper and lower extremities, tremors of the hands, a mid-and-low back disorder, bilateral knee disorders, and bilateral ankle disorders have been denied. The Board found no current diagnosis of TBI or other claimed disabilities.

The Veteran's service connection claims for left shoulder condition, dizziness and balance condition (to include TBI), bilateral plantar fasciitis, restrictive airways disease, and total disability rating due to individual unemployability were denied. The Veteran was granted increased ratings for migraine headaches, acquired psychiatric disorder, and back disorder.

The Board has remanded the case for further development and an examination to determine if any current disabilities are related to service, specifically a concussion from artillery shell in 1961.

The Board found that the Veteran's TBI residuals are not related to his military service and denied his claim for service connection.

The Board has determined that the Veteran does not have a currently diagnosed traumatic brain injury and therefore, service connection for this condition is denied.

The Board has remanded the case for additional development, including affording the Veteran a VA examination to determine the etiology of any residuals of a head injury. The Veteran was not afforded an appropriate examination and is entitled to another one.

The Board granted service connection for frostbite affecting both feet, resulting in a disability rating and effective date. The attorney is eligible to receive fees based on this decision.

The Board has remanded the case for additional development, including clarifying whether certain findings are residuals of service-connected disabilities and conducting appropriate examinations.

The Board has determined that the Veteran does not have residuals of a head injury/TBI, and therefore service connection for this condition is denied. The remaining claims regarding increased ratings for left wrist ganglionectomy and fractures of the fourth metacarpal of the left hand are also addressed.

The Board has determined that the Veteran's traumatic brain injury is at least as likely as not related to his active duty service, and thus grants service connection for this condition.

The Veteran's PTSD and TBI ratings were improperly reduced, and the original ratings of 50% for PTSD and 40% for TBI are restored.

The Veteran's headaches, residual of TBI, are currently rated at 50 percent disabling prior to November 4, 2016, and 30 percent thereafter. The Veteran's residuals of TBI have been rated as 10 percent disabling throughout the appeal period.

The Board finds that the Veteran's service-connected TBI with headaches and vertigo warrants a 50 percent disability rating, effective April 8, 2013. Additionally, the Board grants a separate 10 percent disability rating for vertigo under DC 6204.

The Veteran's service-connected disabilities prevented him from securing and following a substantially gainful occupation prior to January 6, 2014.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, back disorder, neck disorder, and TBI have been granted. The Board has broadened the claims to include consideration of various other diagnoses.