Traumatic brain injury (TBI) decisions — 2018

The Veteran's claim for service connection for PTSD and TBI was denied in April 2013, but granted with an effective date of April 23, 2010 (the day after his separation from active duty). The Board found that the earliest effective date available is the day after separation due to the Veteran filing within a year of his separation.

The Veteran's service connection claim for residuals of a traumatic brain injury is denied as there is no diagnosed disability.,The Veteran's right knee disability is currently rated at 10 percent and the Board finds that it does not warrant an increased rating based on limitation of motion or instability. The Veteran has consistently reported pain without additional loss of function during flare-ups, which is adequately compensated by his current 10 percent rating.,The Veteran's TDIU claim is denied as he does not meet the criteria for a total disability rating due to service-connected disabilities.

The Board has remanded the Veteran's claims of service connection for TBI, headaches, gout, an acquired psychiatric disorder (including depression and PTSD), and Bell’s Palsy due to incomplete records and the need for medical opinions regarding possible causation.

The Veteran's appeals for an earlier effective date, a higher rating for TBI, and SMC based on housebound status have been dismissed. The Board has jurisdiction over the appeal of his claim for a total disability evaluation based on individual unemployability (TDIU) from October 23, 2008 to March 14, 2012.

The Board has remanded several issues related to the Veteran's service connection claims, including left hip disability, bilateral knee disability, bilateral hearing loss, traumatic brain injury (TBI), right shoulder disability, low back disability, and cervical spine disability. The remand requires additional examinations to address functional impairment and provide opinions on whether these disabilities are related to active duty service.

The Veteran was granted a TDIU effective August 22, 2013, based on his service-connected disabilities.

The Board has decided to remand the case due to incomplete service treatment records and the need for a TBI evaluation. The Veteran's service connection claim will be reconsidered with the new evidence.

The Board denied service connection for various conditions, including right shoulder, lumbosacral spine, cervical spine, and right knee disabilities, as well as bilateral hearing loss and obstructive sleep apnea. The Veteran's claims were not supported by the evidence of record.

The Board denied the Veteran's claims of service connection for TBI, PTSD, and an acquired psychiatric disorder. The Board found no current diagnoses or evidence linking these conditions to his military service.

The Veteran's claim for increased evaluations for PTSD, chronic with alcohol abuse and TBI is being remanded due to the need for additional examinations and records.

The Board denied the Veteran's claim for service connection for headaches, including as secondary to his service-connected traumatic brain injury. The Board found that there was no evidence linking the headaches to service or a service-connected disability.

The Board denied service connection for residuals of traumatic brain injury and eligibility for financial assistance in the purchase of an automobile or other conveyance and/or adaptive equipment due to lack of evidence supporting these claims.

The Veteran's claim for an earlier effective date of June 25, 2014 for a 70 percent rating for PTSD with traumatic brain injury is granted. The Board found that the criteria for a 70 percent rating were met in the year prior to his increased rating claim.

The Board has granted service connection for TBI, but the issues of tinnitus and sleep apnea as secondary to TBI, cervical spine disability, and lumbosacral spine disability remain unresolved due to need for additional medical opinions.

The Veteran's TDIU claim was denied in a final decision in November 2007. A new, informal claim for TDIU was received on June 17, 2009, and the effective date of this award is set to that date.

The Veteran's appeal has been dismissed as he and his representative have withdrawn the appeal prior to a decision being made.

The Board has remanded the cases for further development and examination due to incomplete medical records and need for opinions regarding the nature and etiology of the Veteran's bilateral eye disability and residuals of traumatic brain injury.

The Veteran's claims for service connection and increased rating have been granted. The lung cancer status post lobectomy is rated at 10 percent since March 1, 2015.

The Veteran's service connection claims for hearing loss, TBI, and PTSD have been granted. The case is remanded to determine the etiology of his back strain and bilateral knee stain.

The Board has remanded the case due to the need for a VA examination and additional medical records, as well as the Veteran's assertion that his TBI is related to service.