Traumatic brain injury (TBI) Board decisions

The Board denied service connection for various conditions, including lumbar spine disability, right and left lower extremity frostbite residuals, psychiatric disorder (including PTSD), prostate cancer, cervical spine disability, shoulder, elbow, and wrist disabilities, and gastrointestinal disorders. The claims were not reopened due to lack of new and material evidence.

The Veteran's TBI residuals, other than PTSD and migraine headaches, are rated at 10 percent.,His migraines associated with the TBI do not meet the criteria for a compensable rating.

The Veteran's claims for increased ratings for residuals of TBI, headaches, and frontal skull paresthesia have been denied. The Board found that the symptomatology is consistent with the assigned ratings.

The Veteran's TBI disability is currently rated at 10 percent, and the Board has denied an increased rating. The claim for a total disability rating based on individual unemployability prior to September 14, 2013, was also denied.

The Board has remanded the cases for further development and consideration due to new evidence received after the appeal was certified to the Board.

The Veteran's claim for service connection for TBI is granted. The claims for Dercum's disease, acromegaly, right and left wrist carpal tunnel syndrome, hypermobility syndrome, testicular/inguinal hernia (left inguinal fat pad hernia), male hypogonadism, respiratory disability, mast cell disorder, hemolytic anemia, and TMJ are all denied due to lack of evidence linking these conditions to service or service-connected disabilities.

The Board denied service connection for right elbow arthritis, left elbow arthritis, right knee arthritis, and left knee arthritis. The claim for traumatic brain injury (TBI) was also denied.,Service connection was not granted as the evidence did not support a finding that any of these conditions were incurred or aggravated by active service.

The Board has granted service connection for obstructive sleep apnea but denied service connection for traumatic brain injury. The decision is mixed as some issues were granted and others not.

The Board denied an earlier effective date for the award of TDIU, finding that it was not factually ascertainable that the Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation prior to June 8, 2010.

The Veteran's appeal for increased ratings for various service-connected conditions was denied. The Board found that the evidence did not support a higher rating for any of the conditions, including right knee chondromalacia, left knee Palligrini-Stieda's disease with chondromalacia, seborrheic dermatitis, bilateral pes planus, right shoulder disability, left shoulder disability, right elbow disability, left elbow disability, bilateral hearing loss disability, residuals of traumatic brain injury (TBI), neck or cervical spine disability, and low back or thoracolumbar spine disability.

The Board has remanded the cases for further development, including obtaining private treatment records and scheduling a VA examination to assess the Veteran's PTSD and TBI residuals.

The Veteran's service records do not show any right shoulder, left shoulder, or right knee disabilities. The Board finds no current diagnoses of these conditions.,There is no evidence of a current acquired psychiatric disorder to include PTSD.

The Veteran's PTSD with neurocognitive disorder secondary to TBI is rated at 100 percent effective January 25, 2013. The issue of entitlement to a total disability evaluation due to individual unemployability (TDIU) as based on PTSD with neurocognitive disorder secondary to TBI is rendered moot by the grant of a total rating for this condition during the entire claim period.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, as he is currently employed by the United States Federal Government.

The Veteran's service-connected PTSD and TBI are being remanded for further evaluation as his symptoms have reportedly worsened.

The Veteran's bilateral hearing loss is rated as noncompensable, and his PTSD with TBI is rated at 70 percent. The Veteran was granted a separate 10 percent rating for headaches and dizziness.,PTSD with TBI does not meet the criteria for a higher than 70 percent rating due to occupational and social impairment with reduced reliability and productivity.

The Veteran's TBI was caused by a December 1991 motor vehicle accident (MVA) that occurred during his active duty service. The MVA resulted in the Veteran being found not guilty of willful misconduct and all charges were dismissed. However, the RO denied service connection for the TBI due to it being the result of the Veteran's own willful misconduct.

The Board has determined that additional evidence is needed to adjudicate the Veteran's claims for service connection, and thus remands these issues.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including increased ratings for various conditions and a TDIU determination. The VA is instructed to obtain SSA records and readjudicate these matters.

The Board has remanded the case due to an inadequate VA examination, requiring a new one with more comprehensive testing and opinion.