Traumatic brain injury (TBI) decisions — 2018

The Veteran's appeal for an increased rating for traumatic brain injury (TBI) residuals has been dismissed due to the Veteran's death.

The Board has determined that the Veteran's claim should be remanded for consideration on its merits due to a Notice of Disagreement regarding service connection for residuals of a head injury/TBI, which was not addressed in previous decisions.

The Veteran's service-connected mood disorder due to chronic pain with depressive features and migraine and migraine variants, status post traumatic brain injury have not met the criteria for increased ratings as of February 27, 2016.

The Board has determined that the Veteran's residuals of a TBI are not service-connected as they were pre-existing and did not worsen during his period of active duty.

The Board has determined that the Veteran's claims for service connection for residuals of traumatic brain injury (TBI), vertigo, headaches, and memory loss are granted. The evidence shows a history of in-service head injuries from blast exposures, which resulted in current disabilities including TBI-related symptoms such as dizziness, headaches, cognitive deficits, and anxiety.

The Veteran's service connection for TBI and PTSD has been granted, with effective dates set. The Veteran is currently rated at 100 percent for his PTSD.

The Board has determined that the reduction of the Veteran's TBI disability rating from 70 percent to 0 percent effective November 1, 2013 was improper and restored the previous 70 percent rating.

The Veteran's TBI residuals, including headaches, are rated at 10 percent. The headaches have been rated separately and are currently assigned a 10 percent rating.

The Board has determined that the Veteran's injuries, including his lumbar spine disability, cervical spine disability, residuals of a fractured skull, traumatic brain injury, headaches, vertigo, neurological condition affecting bilateral lower extremities (claimed as pain and muscle spasms), neuropathy of upper extremities, and acquired psychiatric disorder (claimed as PTSD) are due to his own willful misconduct. As such, these claims for service connection are denied.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. The case will also be reviewed to determine if service connection can be established for peripheral neuropathy of the lower extremities based on herbicide exposure.

The Veteran's appeal has been withdrawn by his representative, and the appeals for separate evaluations of TBI, service connection for schizophrenia, and compensation under 38 C.F.R. § 1151 have all been dismissed.

The Board found that the Veteran did not sustain a TBI while on active duty or have a TBI related to his military service, and therefore denied his claim for service connection.

The Veteran's sleep apnea is found to have had its onset in service and the Board finds that all three elements necessary for service connection are met.

The appellant's representative has withdrawn the appeal regarding all issues listed on the cover page of this decision.

The Veteran is granted a rating of 70 percent for his TBI, effective April 22, 2016. He also receives an award of TDIU effective May 31, 2014.,For the period prior to April 22, 2016, he is granted a rating of 70 percent for his TBI.

The Veteran does not have service connection for TBI residuals related to his period of active duty service.

The Board granted service connection for tension headaches with photophobia and assigned a disability rating of 30 percent effective April 29, 2016.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and providing the Veteran with VA examinations to address his claims.

The Board denied the Veteran's claims for effective dates prior to February 28, 2012, for the initial grants of service connection for PTSD, seizure disorder, and TBI.

The Board denied the Veteran's claims for service connection for various conditions, including thyroid disability, throat disability, hair loss, muscle weakness, defective vision (related to TBI), gastroesophageal reflux disease (GERD), Bell's palsy, gall bladder dysfunction, recurrent allergies, sleep apnea, and hypertension. The decision found that the Veteran did not have a chronic disability manifested by these conditions during service or within one year of separation, and thus could not establish direct service connection.