Traumatic brain injury (TBI) decisions — 2017

The Veteran's claim for service connection for a Traumatic Brain Injury (TBI) is denied as there are no objective indications of TBI and the Veteran does not have a current diagnosis of TBI.

The Veteran's claim for an earlier effective date for a compensable rating for residuals of a traumatic brain injury was denied. The August 1994 rating decision granted service connection and assigned a noncompensable rating for the head injury, but did not address any subsequent claims or changes in severity.

The Board found that the Veteran's TBI and/or residuals thereof did not originate in service or within a year of service, and is not otherwise etiologically related to his active service.

The Veteran has withdrawn his claims for an initial disability rating in excess of 10 percent for service-connected limitation of extension of the right knee, an initial compensable disability rating for service-connected scars of the face, service connection for residuals of a traumatic brain injury (TBI), and service connection for left foot arthritis.

The Board has determined that the Veteran does not have current residuals of a traumatic brain injury or left ankle injury related to his military service.

The Veteran's traumatic brain injury is rated at 40 percent, and her lumbar strain with associated lower radiculopathy has been rated at 20 percent prior to March 15, 2013, and 40 percent thereafter.

The Veteran's TBI and hearing loss are found to be related to service, while PTSD is also granted. The Board finds that the Veteran sustained burn scars on his face and arms during service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a lumbar spine disorder. The remaining claims are denied.

The Board has determined that the Veteran's claim for service connection for a traumatic brain injury (TBI) is denied as there is no evidence of record indicating that he was diagnosed with a TBI. The issue of entitlement to service connection for an acquired psychiatric disorder, to include schizophrenia, will be remanded for further development.

The Veteran's TBI has been rated at 40 percent since the date of service discharge, and there is no evidence to support a higher rating based on subjective symptoms alone.

The Veteran's service-connected conditions do not meet the criteria for an annual clothing allowance as his medications and prosthetic devices do not cause wear or tear to his clothing.

The Veteran's claims for increased ratings and effective dates were denied. The Board found that the evidence did not meet the criteria for higher ratings or earlier effective dates.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his service-connected lumbar and cervical spine disabilities, as well as an evaluation of his sleep apnea and traumatic brain injury claims.

The Board has determined that the Veteran's thoracolumbar spine disability, left shoulder disability, and residuals of frostbite of right hand do not warrant a higher rating based on the evidence of record.

The Veteran's TBI residuals are rated at 40 percent, effective December 19, 2008. The PTSD rating remains at 50 percent.

The Board denied the Veteran's claims for service connection for traumatic brain injury, thoracic spine degenerative disc disease, cervical spine degenerative disc disease, peripheral neuropathy of the right upper extremity, peripheral neuropathy of the left upper extremity, and mild ectasia of the ascending aorta. The appeals were based on direct service connection.

The Board finds that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain gainful employment.

The Veteran has withdrawn her appeal for all issues on appeal.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he passed away before a decision could be made.