Traumatic brain injury (TBI) Board decisions

The Veteran's appeal for special monthly compensation based on the need for regular aid and attendance was denied as he did not meet the criteria of being permanently bedridden or needing regular aid and attendance due to his service-connected disabilities.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing before a member of the Board at the Los Angeles, California VA RO.

The Board finds that the Veteran's current left foot disability, resulting from a stress fracture sustained during active duty for training (ACDUTRA), is service-connected.

The Veteran's claim for service connection for residuals of traumatic brain injury (TBI) is granted. The Board finds that the Veteran has cognitive impairment consistent with a TBI, and this disability is considered to be a residual of his deployment in Iraq. Service connection for this condition is granted as it meets all criteria: current disability, nexus to service/event therein, and no presumption or secondary relationship.

The Veteran requested to withdraw his appeal for an initial compensable rating for residuals of a traumatic brain injury.

The Veteran's service-connected disabilities, when considered individually and combined, do not meet the criteria for a TDIU based on their severity alone. However, his age and other medical conditions are deemed to contribute to his unemployability.

The Board has reopened the Veteran's claims for service connection for right and left knee disabilities, but is unable to proceed with a decision on the merits due to the need for additional development.

The Board has determined that additional development is needed to determine if the Veteran sustained a head injury during service and whether he currently suffers from residuals of such an injury. The case will be remanded for these purposes.

The Veteran's service-connected TBI is currently rated as 10 percent prior to April 16, 2012, and as 70 percent thereafter. The Board finds that the evidence does not support a higher rating for any period of time.

The Veteran's appeal involves multiple service-connected disabilities, including lumbar strain, cervical strain with bilateral radiculopathy, right hip strain, and traumatic brain injury. The issues include increased ratings for these conditions as well as a TDIU prior to September 11, 2008. Additional development is needed due to incomplete examination reports and conflicting employment history.

The Board has determined that a new examination is needed to determine the current severity of the Veteran's service-connected residuals of a jaw fracture and whether any residual head injury is related to events in service. The Veteran also needs a VA TBI evaluation by a neurologist to determine if he suffers from any current residuals of a head injury, and if so, whether it is more likely than not related to an accident in service.

The Veteran's hearing loss, tinnitus, and residuals of frostbite of the lower extremities are all found to be related to service. The Veteran is granted an initial 30 percent rating for PTSD.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records, SSA records, and a new examination by a qualified psychiatric examiner to address the claims of service connection for residuals of a traumatic brain injury, PTSD, memory loss, bilateral shoulder disability, nerve damage to the diaphragm, and respiratory disability.

The Board has determined that the Veteran does not have current disabilities of hypertension, mitral valve disorder, post-concussion syndrome (residuals of TBI), restless leg syndrome, sleep apnea, left ankle disorder, left hip disorder, or right knee disorder. As such, service connection for these conditions is denied.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and conducting further examinations to address the Veteran's claims for service connection.

The Board found no evidence of a relevant injury or event during active service that resulted in a Traumatic Brain Injury (TBI), and concluded that the Veteran's symptoms were not chronic in service. The weight of the evidence does not support a finding of continuous TBI symptoms since separation from service.

The Board has remanded the Veteran's claims for service connection and increased rating of his left knee disability due to procedural deficiencies, lack of proper adjudication of a previously denied claim for service connection, and need for additional development including VA examinations.

The Veteran's appeal is being remanded to obtain a new VA examination(s) and determine whether the Veteran, based on his work history, level of education, and service-connected disabilities, but not his age or any nonservice-connected disability, is unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for further development due to the Veteran not appearing for scheduled VA examinations. The claim will be reconsidered after these examinations.

The Veteran's service-connected disabilities, including traumatic brain injury and headaches, prevent him from engaging in substantially gainful employment.