Traumatic brain injury (TBI) decisions — 2018

The Board has remanded the case for further development, including obtaining service department records and medical opinions regarding the Veteran's claimed TBI and sleep apnea.

The Board has determined that service connection is not warranted for residuals of frostbite of the feet, but has granted service connection for tinnitus. The Veteran's low back and psychiatric disabilities are being remanded for further development.

The Veteran withdrew his appeal for a rating in excess of 50 percent for PTSD, to include symptoms of traumatic brain injury.

The Veteran's appeal is being remanded for additional development of his VA treatment records and SSA disability records. The claims will be re-adjudicated based on the updated evidence.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran with appropriate VA examinations to determine the severity of his service-connected scar disability, as well as the nature and etiology of any claimed back disability and TBI.

The Veteran's TBI residuals, apart from headaches, have improved to the point where there is no longer any significant impairment other than headaches. The RO reduced her rating for TBI from 70% to 0%, effective July 1, 2016.

The Veteran's service-connected residuals of TBI are currently rated at 10 percent, and his acquired psychiatric disorder is currently rated at 50 percent. The Board finds that neither condition warrants a higher rating.,The evidence does not show that the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's PTSD and TBI residuals have been rated appropriately, with the PTSD receiving a 50% rating since October 9, 2012. The TBI residuals are rated at 40% prior to that date and 50% thereafter. The Veteran is found unemployable due to his service-connected disabilities.

The Board found no evidence to support a finding that the Veteran's current foot conditions are related to service, specifically cold injury. The preponderance of the evidence is against the claim.

The Veteran requested to withdraw his appeal regarding the initial rating for traumatic brain injury, and as such, the appeal has been dismissed.

The Board denied service connection for Traumatic Brain Injury, Hypertension, and Sleep Apnea. The Veteran's claims were not reopened or new and material evidence was not submitted.

The Veteran's claim for service connection for residuals of a traumatic brain injury is being remanded due to the need for additional development, including obtaining military personnel records and VA treatment records.

The Veteran's claim for service connection for tinea pedis of the bilateral feet has been granted. The remaining issues have not been fully adjudicated and are remanded.

The Board has granted service connection for the Veteran's low back disability, residuals of TBI, and benign paroxysmal positional vertigo (BPV), but denied service connection for hepatitis C. The effective date for the grant of service connection for tinnitus is October 31, 2009.

The Veteran's degenerative disc disease of the lumbar spine is currently rated as 40 percent disabling effective July 27, 2016. Prior to this date, a higher rating was not warranted.,For his TBI with post-concussive headaches, a separate 30 percent evaluation for migraines prior to July 27, 2016 is granted and no higher since then.

The Veteran withdrew his appeal with respect to all issues pending before the Board, including those related to traumatic brain injury, PTSD, low back strain, patellofemoral pain syndrome of the right knee, scars of the scalp and face, tinnitus, left ear hearing loss, post-traumatic headaches, and residuals of a left elbow contusion.

The Board has determined that additional development is needed to obtain the Veteran's complete service personnel records and any outstanding VA treatment records. The case will be remanded for these actions.

The Board found that osteoarthritis of multiple joints, including neck, back, hips and legs, was not incurred or aggravated during service and is not presumed to have been incurred due to a disease or injury in service. The Veteran's neuropathic pain disorder, to include centralized pain syndrome secondary to traumatic brain injury residuals, has also not been linked to service.

The Veteran's service connection claims for bilateral hearing loss, tinnitus, and various lower extremity conditions are all granted. The Board finds that the Veteran has established a current disability, in-service noise exposure, and continuity of symptoms.

The Board has denied the Veteran's petitions to reopen his claims for service connection for an acquired psychiatric disorder and residuals associated with a traumatic brain injury due to lack of new and material evidence.