Traumatic brain injury (TBI) Board decisions

The Veteran's PTSD is granted as service connected. The TBI claim is withdrawn due to overlapping symptoms with the PTSD.

The Veteran's claim for an earlier effective date for service connection of residuals of traumatic brain injury with migraine headaches was denied as there was no clear and unmistakable error in the July 1999 rating decision, which is final.

The Veteran's TBI and headaches are granted service connection. He is also granted initial compensable ratings for his right little finger, left little finger, and left ring finger disabilities. His left shoulder disability is rated at 10 percent prior to February 2013 and 20 percent thereafter. The reduction from 50 percent to 10 percent for PTSD was not proper.

The Veteran's appeal is being remanded for additional development, including scheduling a hearing before RO personnel at the earliest opportunity.

The Veteran's PTSD, headaches, and TBI have been granted service connection. The acquired psychiatric disorder is not considered a separate issue as it is related to the PTSD.

The Veteran's service-connected disabilities do not preclude him from participating in any substantially gainful employment.

The Board has remanded the case to the AOJ for consideration of an extraschedular evaluation for pes planus and a TDIU rating. The Veteran's claims are pending further action.

The Veteran's thoracic spine compression fracture with chronic lumbar strain is currently rated at 20 percent, and the Board finds that this rating adequately reflects his disability.

The Veteran withdrew his appeal before a decision was made by the Board.

The Board has reopened the Veteran's claims for service connection for low back disability and bilateral foot frostbite due to new evidence submitted since the final denial of these claims.,However, the Board finds that service connection cannot be granted as there is no medical evidence showing a link between the Veteran's current conditions and his active duty service.

The Board has determined that additional development is needed before the claims can be adjudicated, including obtaining VA and private treatment records, clarifying information from the Veteran's former employer regarding his employment status, and scheduling the Veteran for a VA examination to assess the severity of his service-connected mood disorder, TBI, and low back disability.

The Board has granted service connection for headaches as a residual of an in-service head injury (claimed as TBI). The remaining claims for service connection have been denied.

The Veteran's PTSD is rated at 50 percent since May 14, 2012. The Board found that the evidence did not support a higher rating.,There is no effective date prior to May 14, 2012, for service connection of PTSD as the increase in disability was not factually ascertainable within one year prior to the claim.

The Board has decided the issues of whether new and material evidence has been presented to reopen the claim for frostbite residuals of the feet, as well as the issue of service connection for bilateral foot arthritis. The Veteran's claims are REMANDED for further development.

The Veteran has withdrawn his appeals regarding the ratings for Generalized Anxiety Disorder and Pain Disorder, as well as Traumatic Brain Injury.

The Board is remanding the case for additional development to clarify whether the Veteran's current residuals of a TBI are etiologically related to the in-service head injury from April 1982, and to address the October 1983 motor vehicle accident that resulted in his TBI. The claim will be readjudicated after this additional development.

The Veteran's TBI residuals, including migraine headaches and personality disorder, are rated at 30 percent since January 24, 2013.

The Board found no credible evidence of an in-service occurrence of frostbite or a cold injury, and thus denied the Veteran's claim for service connection for frostbite of the feet.

The Veteran's PTSD was granted service connection and rated at 30 percent effective April 24, 2012. The other issues were either denied or not claimed.

The Veteran's right shoulder disability was rated at 30 percent from February 27, 2009 to June 1, 2010.