Traumatic brain injury (TBI) decisions — 2018

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination. The Veteran is seeking service connection for cognitive and behavioral health symptoms, which he attributes to a TBI from an in-service rocket explosion, and residuals of a left eye vitreous hemorrhage.

The Board has granted service connection for TBI and hyposmia, but denied initial compensable ratings for headaches and vertigo.

The Veteran's service-connected TBI and MDD have resulted in a need for regular aid and attendance, warranting SMC at the aid and attendance rate.

The Veteran's service-connected migraine headaches and traumatic brain injury residuals are granted with a 50% rating for migraines, and a 40% rating for TBI. The appeals for TDIU and SMC are remanded.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment. The Board finds that the Veteran is currently employed as a maintenance engineer at St. Francis Medical Center, which does not render him unemployable due to his service-connected conditions.

The Board has remanded the Veteran's claims of service connection for a bilateral hand condition and an acquired psychiatric disorder due to in-service frostbite. The issues are being remanded for further development, including VA examinations.

The Board has remanded the case due to incomplete records and the need for a new examination or opinion. The Veteran's claim of service connection for Traumatic Brain Injury (TBI) is pending.

The Veteran's claim for service connection for spondylolisthesis of L-5 sacrum was reopened and granted. The claims for stomach condition, left knee disability, right knee disability, and residuals of TBI were denied. The case is remanded for further review on the diabetes mellitus, type II associated with PTSD with depression and anxiety.

The Board denied the Veteran's claims for an earlier effective date for his increased ratings, finding that there is no legal basis to award the increased ratings back to the effective date of service connection.

The Board denied the Veteran's claims for service connection of an acquired psychiatric disorder, a rating in excess of 10 percent for TBI, and a rating in excess of 30 percent for posttraumatic headaches. The Board found no nexus between these conditions and the Veteran's active duty service or his service-connected disabilities.

The Veteran's PTSD is rated at 100% effective from March 1, 2016. The Board has remanded the issues of service connection for residuals of frostbite of both feet and TDIU.

The Board denied the Veteran's claims of service connection for a cervical spine condition and traumatic brain injury, finding that there is no current diagnosis associated with these conditions and insufficient evidence to link them to in-service events or injuries.

The Board has remanded the Veteran's claims for an increased rating for PTSD and for a TDIU due to the need for additional development, including obtaining updated employment information and scheduling a VA examination.

The Veteran's migraine disorder was initially rated at 30% from December 11, 2013 to August 16, 2015. From August 17, 2015 to March 23, 2016, the rating increased to 50%. The Veteran's TBI claim was remanded for further examination and opinion.,The Board found that there is insufficient evidence to grant a higher rating for migraine disorder from December 11, 2013 to August 16, 2015. From August 17, 2015 to March 23, 2016, the Veteran's TBI claim was remanded due to lack of recent examination and opinion.

The Veteran's service records do not support the presence of a TBI in service, and his current disabilities are not linked to any incident during service.,There is no evidence of a head injury or TBI in service. The Veteran’s STRs do not mention a fall or related head injury.

The Veteran's claim for an increased rating of PTSD was denied, and a 30 percent rating is granted for headaches. The Veteran's claim for service connection of a respiratory disability is remanded.,PTSD remains rated at 70 percent, and the Veteran's headaches are rated at 30 percent.

The Board has determined that VA did not fulfill its duty to assist in this case and has remanded the claims for further development of the Veteran’s service connection claims.

The Veteran's appeal to reopen a claim of service connection for hypertension is denied.,Service connection for diabetes mellitus is denied.,A rating in excess of 10 percent for tinnitus is denied.,The appeals to reopen claims of service connection for PTSD, residuals of a head injury/traumatic brain injury (TBI), headaches, sleep disorder, liver disorder and dental disorder for treatment purposes are remanded.

The Veteran's claims are being remanded due to the need for additional development and consideration of new evidence.

The Board denied service connection for the appellant's thoracolumbar disability, broken nose, facial scars, TBI residuals, and loss of teeth as they were not incurred in line of duty.