Traumatic brain injury (TBI) decisions — 2018

The Veteran's application to reopen a claim of service connection for tinea pedis was granted. Service connection is denied for tinea pedis, residuals of TBI, hypertension, and shin splints. The claims for residuals of TBI, hypertension, and shin splints are remanded.

The Board has expanded the scope of the claim to include any mental disability that reasonably may be encompassed by the Veteran's description, including residuals of a head trauma and/or TBI. The case is remanded for a new VA examination and opinion regarding the etiology of any current acquired psychiatric disorders or residual of a head trauma and/or TBI.

The Board has dismissed the claim of an earlier effective date for migraines with mixed-type headaches due to facial trauma. The case is remanded for further action on the issues of an earlier effective date for TBI and a higher initial rating for TBI.

The Board has remanded several claims for service connection due to the death of the Veteran, and requests that the appellant clarify whether she wishes to proceed as a substitute claimant or for accrued benefits purposes. The appellant is also requested to provide any additional evidence pertinent to her claims.

The Veteran's claims for service connection for traumatic brain disease and an acquired psychiatric condition, including PTSD, have been denied due to lack of evidence supporting in-service incurrence or onset.,An individual unemployability claim related to the left wrist disability has also been remanded.

The Veteran's claims for service connection for asthma, bilateral hearing loss, residuals of a traumatic brain injury, and an acquired psychiatric disorder (including major depressive disorder) were denied. The decision also noted that the Veteran did not have a current diagnosis of a traumatic brain injury or an acquired psychiatric disorder to include a major depressive disorder.

The Veteran's claim for service connection for tinnitus, scars and headaches, and TBI is being remanded due to the need for additional medical examinations.,An earlier effective date for service connection for tinnitus cannot be granted as it was received after a final denial.

The Veteran's claim for service connection for residuals of a TBI with memory loss and an effective date prior to January 4, 2013, for the grant of a 30 percent evaluation for cervical disc disease/spondylosis with facet arthropathy was denied. The Board found that there is no competent medical evidence diagnosing the Veteran with residuals of a TBI or meeting the criteria for a 30 percent rating under the General Formula for Diseases and Injuries of the Spine.

The Veteran's service-connected psychiatric disability results in total occupational and social impairment, but he does not have current diagnoses of the claimed disorders. His claims for TBI (claimed as short and long-term memory loss), speech disorder, headaches, anxiety, and balance disorder are denied.

The Veteran's claim for service connection for PTSD, cervical spine disability, TBI-related migraine headaches, lumbar spine disability, and endometriosis was granted with an effective date of January 2, 2014. The initial rating for the lumbar spine disability is set at 20 percent. For endometriosis, a compensable rating is assigned prior to December 31, 2014, but not since that date.

The Veteran withdrew his appeals for service connection for TBI and related issues, including psychiatric disorder, dizziness, speech impairment, fatigue, and dull headaches.

The Veteran's bilateral hearing loss and tinnitus are granted as service-connected due to in-service noise exposure.,Service connection for residuals of traumatic brain injury is denied, with no current disability found related to the head injury during service.,The Veteran's disfiguring scars on his forehead are not compensable under VA rating criteria.

The Board has denied an increased rating for bilateral hearing loss and has remanded the issues of service connection for peripheral vestibular disease (claimed as vertigo) and traumatic brain injury.

The Board has remanded the claims for service connection for tinnitus, left hip disability, left knee disability, hypertension, and TBI due to potential unavailability of records. The diabetes claim is deferred until additional information can be obtained.

The Veteran's TBI residuals are rated at 10 percent since May 21, 2012. The RO denied an initial evaluation in excess of 10 percent for the period from May 21, 2012 to January 4, 2015. The spinal cord injury with chronic decompensated back and lumbosacral spondylolysis remains under review.

The Board has remanded the claims for service connection for pulmonary tuberculosis and traumatic brain injury due to insufficient evidence. The Veteran's positive PPD tests did not result in a diagnosed disability, and active tuberculosis was not shown within three years of discharge. For TBI, the Veteran should undergo a scar examination to determine if there is any residual scarring related to an in-service laceration.

The Veteran's major depressive disorder is rated at 70 percent effective from August 2013. The rating for post traumatic headaches was increased to 50 percent effective from June 28, 2018. A separate 10 percent rating for dizziness has been granted.

The Board has reopened the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) due to new and material evidence. However, further examination is needed to determine if the Veteran's current symptoms are related to his in-service head injury.

The Board denied service connection for various conditions, including cold injury residuals of the hands and feet, TBI residuals, and headaches. The Veteran's symptoms were not supported by current medical evidence.

The Board denied the Veteran's claim for service connection of residuals of traumatic brain injury as there is no competent evidence linking his current symptoms to a motor vehicle accident in service.