Traumatic brain injury (TBI) decisions — 2018

The Veteran's TBI, migraine condition, and temporomandibular joint dysfunction are granted service connection. The lower extremity neurologic impairment issue is remanded for further examination.

The rating reduction for the Veteran's traumatic brain injury from 40 percent to 10 percent was improper, and the 40 percent rating is restored. The issues of service connection for peripheral neuropathy in both upper and lower extremities are remanded.

The Veteran's initial compensable rating for headaches is granted, and the cases of lumbosacral sprain, TBI, and PTSD are remanded due to worsening conditions.

The Board has remanded the Veteran's claims for service connection for a spinal disability and residuals of a head injury, including TBI residuals and headaches due to an in-service motor vehicle accident. The claims are pending further examination and opinion.

The Veteran's claim for an annual clothing allowance is remanded due to insufficient rationale in the denial and a need for further medical examination.

The Veteran withdrew his appeals regarding service connection for obstructive sleep apnea, traumatic brain injury, and migraine headaches.

The Veteran's claims for service connection have been remanded due to the need for additional examinations and evaluations.,An effective date earlier than July 1, 2014 for TBI and June 9, 2014 for tinnitus cannot be granted as there are no prior unadjudicated formal or informal claims.

The Board denied service connection for an acquired psychiatric disorder, traumatic brain injury, vertigo, cervical spine disability, diabetes mellitus, and peripheral neuropathy. The reasons given include the lack of credible evidence linking these conditions to service.,Service records do not show any incidents or diagnoses related to the claimed disabilities.

The Veteran's TBI is rated at 70 percent, but not higher, prior to July 16, 2018. From July 16, 2018, the Veteran's PTSD is rated at 70 percent.

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of clear evidence to rebut the presumption of regularity that applies to VA's date-stamping of incoming mail, and thus, the earliest possible effective date is June 1, 2011.

The Board has remanded the cases for further development and examination to determine the current severity of service-connected PTSD, TBI, left wrist condition, left knee condition, and sleep apnea. The Veteran's claims for increased evaluations are also being remanded.

The Board has decided to remand the cases for additional development due to lack of substantial compliance with prior remand orders, including scheduling VA examinations.

The Board has remanded the claims of service connection for TBI, left hand disability, left eye disability, right shoulder disability, headaches, and PTSD due to lack of verification of in-service injuries. The claims will be further developed to attempt to verify these incidents.

The Veteran's TBI symptoms are not adequately addressed in his current 70% PTSD rating, and a new examination is needed to determine the appropriate rating for his TBI.

The Board has remanded several issues related to the Veteran's claims for service connection due to the need for additional medical examinations and consideration of outstanding VA treatment records.

The Board has remanded the claims for service connection for a low back condition and residuals of TBI including vertigo due to new evidence provided by the Veteran. Additional VA examinations are needed, as well as obtaining relevant medical records.

The Board has remanded the claims for service connection for obstructive sleep apnea and residuals of a traumatic brain injury due to outstanding medical records. The Veteran's right ear hearing loss and perforated tympanic membrane are not rated as they meet the criteria for non-compensable ratings.

The Veteran's TDIU claim is granted, and the issue of an increased evaluation for bilateral hearing loss is remanded.

The Veteran's current bilateral tinnitus is etiologically related to his active service.,No hearing loss disability has been presented at any time during the pendency of the claim.,The Veteran does not have a diagnosis of a cervical spine disorder.,The Veteran does not have a diagnosis of a traumatic brain injury.,The Veteran does not have a diagnosis of a headache disorder.,The Board lacks jurisdiction over the claims for service connection for scar, right side of the head and residuals of a right-hand laceration, to include a scar because these claims were granted in October 2013 and rendered moot.,The claim of entitlement to service connection for amblyopia of the right eye is remanded.

The Board has granted service connection for obstructive sleep apnea. The issues of service connection for costochondritis, MVP, frostbite on the right ear, and depression are remanded due to inadequate medical opinions.