Traumatic brain injury (TBI) decisions — 2018

The Veteran's TBI residuals are rated as noncompensable, and his left eye optic atrophy is rated as 30 percent disabling. The other issues have not been addressed.,Major depressive disorder has not been service connected.

The Veteran's TBI with cognitive memory impairment has been rated at 10 percent since August 19, 2011. The disability is currently manifested by mild memory loss and subjective symptoms but does not meet the criteria for a higher evaluation.

The Board has determined that training and supplies for the construction of fishing poles are necessary to help the Veteran achieve maximum independence in daily living, based on medical opinions supporting this need.

The Board has decided to remand the case for further development, including an addendum opinion from an ENT specialist regarding whether the Veteran's sleep apnea was worsened by his service-connected Meniere's disease and/or traumatic brain injury.

The Veteran's cervical spine disability, chronic maxillary sinusitis with chronic adenoiditis, and TBI residuals are all found to have their onset during service and are therefore granted service connection.

The Veteran's service connection claims are granted for an acquired psychiatric disorder, a heart disorder, and other conditions. The appeal is based on new evidence.

The Board has reopened the claims for service connection for traumatic brain injury, headaches, and photophobia. However, further examination is needed to determine if these conditions are related to service.

The Board has determined that the Veteran does indeed have a residual disability resulting from his in-service TBI and has granted service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing VA examinations to assess the nature and etiology of his claimed disabilities.

The Board found no evidence of a TBI in service and concluded that the Veteran's current symptoms are not related to his remote head injury. Service connection for residuals of TBI is denied.

The Veteran's claims for a sleep disorder and increased ratings for complex partial seizures and TBI residuals were denied. The Board found that the evidence did not meet the criteria for higher disability ratings, as there was no current diagnosis of a sleep disorder and the Veteran's seizure and TBI disabilities were rated based on their current manifestations.

The Veteran's migraine headaches are currently rated at 50 percent, the maximum schedular rating under DC 8100.,For his TBI residuals, the evidence does not meet the criteria for a higher than 10 percent rating.

The Veteran's TBI with occasional dizziness was initially rated as noncompensable from September 13, 2010 to January 27, 2014 and then rated at 10 percent thereafter. The decision is granted for the initial rating period but denied for ratings greater than 10 percent.

The Veteran has withdrawn his appeals regarding the increased ratings for PTSD, post-traumatic headaches, and cognitive residuals of TBI, as well as the claim for a total disability rating based on individual unemployability.

The Board denied the Veteran's claims for service connection for low back disability and residuals of frostbite, finding that there was no evidence to support these conditions were incurred or aggravated by military service.

The Veteran is seeking service connection for residuals of frostbite of his bilateral feet. The Board has determined that a VA examination is needed to determine the nature and etiology of these claimed disabilities, as well as whether there are any outstanding treatment records.

The Veteran's TBI residuals are currently rated as 10 percent disabling, and his right ankle disability is rated at 20 percent. The Board found that the current ratings adequately reflect the severity of these conditions.

The Veteran's claim for an increased disability rating for the residuals of a TBI is being remanded due to the need for a new VA examination, as previous examinations were not conducted by a psychiatrist, psychologist, or neurologist. The appeal will be returned to the Board after further development.

The Board has reopened the Veteran's claims for service connection for seizures and traumatic brain injury, as new evidence was received that raises a reasonable possibility of substantiating these claims.,However, the underlying service connection claim for traumatic brain injury remains pending and will be remanded to the AOJ.

The Board has granted service connection for tinnitus, coronary artery disease, and migraine headaches. Service connection was also granted for an acquired psychiatric disorder (likely due to a TBI), weight gain disorder, and memory loss disorder as secondary to service-connected disorders.