Traumatic brain injury (TBI) Board decisions

The Board has granted a 10 percent disability rating for the Veteran's residuals of traumatic brain injury, effective from October 6, 2015. The decision also found that headaches are service-connected and warrant a noncompensable rating.

The Board has determined that the Veteran did not sustain a traumatic brain injury in service and does not have residuals of such an injury. The claim for service connection is denied.

The Board has determined that further development is needed on the Veteran's claims for service connection for TBI residuals and an acquired psychiatric disorder, as secondary to his service-connected generalized seizure disorder. The AOJ must obtain additional inpatient treatment records from Lundstahl Army Hospital, arrange for a VA examination to clarify the nature of the Veteran's claimed TBI residuals, and schedule another VA examination to determine the nature and etiology of his claimed psychiatric disorder.

The Board has remanded the case back to the AOJ for further development due to issues raised by the Court and concerns about the adequacy of previous examinations.

The Board has remanded the case for additional development, including obtaining service treatment records and VA medical records, as well as scheduling a VA examination to determine the nature and etiology of any chronic laryngitis/laryngopharyngeal reflux. The Veteran's claims will be readjudicated after these actions.

The Board has granted service connection for a skin disorder of the hands, residuals of frostbite of the hands and feet, and bilateral hearing loss. The Veteran's accounts regarding his in-service exposure to chemicals and cold injuries have been found credible, leading to the granting of these claims.

The Veteran's claim for a rating in excess of 40 percent for his low back disability has been denied. The Board found that the evidence did not support an increase in the current rating, as there was no indication of ankylosis or incapacitating episodes.

The Veteran's appeal is being remanded due to the need for an SOC addressing his claims for a compensable evaluation for residuals of a traumatic brain injury, an increased evaluation for bronchial asthma, and entitlement to TDIU.

The Veteran's chronic headaches are rated at 30 percent, effective from the date of claim. The Board denied service connection for residuals of TBI and bilateral hearing loss, tinnitus, vertigo, and depression.

The Board has ordered additional development to verify the Veteran's service, obtain VA and private treatment records, and provide medical opinions regarding the cause of death.

The Veteran's appeal for an increased rating for residual headaches of TBI was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to October 23, 2008 and from October 23, 2008 forward.

The Board has determined that the Veteran's TBI is at least in equipoise with service connection, and therefore grants service connection for residuals of a head injury including TBI, temporal lobe damage and micropsia.

The Veteran's appeal is remanded due to the need for a current VA examination to reassess the severity of his service-connected residuals of traumatic brain injury (TBI).

The Veteran's PTSD with TBI is currently rated at 70 percent disabling, but the evidence does not support a higher rating.,PTSD and TBI are service-connected, but there is no separate effective date prior to May 4, 2009 for migraines.

The Board found that there is no current diagnosis of PTSD, and thus denied the Veteran's claim for service connection for PTSD. The other issues remain pending.

The Board has determined that the Veteran does not have PTSD, TBI or any chronic vision disorder/dizziness/dental disability. The diabetes mellitus is not service-connected as it did not manifest in-service and there is no evidence of a nexus to service.

The Veteran's post traumatic headaches, residual of TBI, are rated at 30 percent prior to April 23, 2012. The Board found that the evidence did not meet the criteria for a higher rating under Diagnostic Code 8100.

The Veteran's TBI residuals, including cognitive impairment and emotional/behavioral dysfunction, are rated at a 40 percent rating. The Veteran has level 2 cognitive impairment secondary to mild memory loss, attention, concentration, and executive dysfunction.

The Board has remanded the case for additional development and examination to address the etiology of any current TBI, seizure disorder, and encephalopathy. The Veteran's service connection claims will be reconsidered based on the new evidence.

The Veteran's appeal has been withdrawn as to the claims for higher initial disability ratings for left ankle degenerative arthritis, left ear hearing loss, chronic pansinusitis, allergic rhinitis, traumatic brain injury, and post-concussive headaches.