Traumatic brain injury (TBI) decisions — 2018

The Veteran's appeal for an initial rating in excess of 10 percent for tinnitus has been dismissed. The Board has also remanded the issues regarding service connection for post-concussive syndrome/TBI, headaches, anxiety disorder with insomnia, and lumbar spine disability.

The Veteran's claims for service connection have been reopened, and the appeals are granted to reopen these claims. The Board also remanded several issues for further development.

The Board has remanded the claims of service connection for arthritis, low back disability, gastrointestinal disability, residuals of a traumatic brain injury including brain atrophy, and headaches due to the need for additional medical evidence. The Veteran's current diagnoses include arthritis, dextroscoliosis, gastroesophageal reflux disease, cognitive and memory impairments, and migraine headaches.

The Veteran's increased rating for residuals of traumatic brain injury manifested by headaches with dizziness is granted from October 30, 2008. A separate 10 percent disability rating is granted for an associated seizure disorder from March 1, 2003.

The Veteran's claims for service connection were denied for right knee disorder, frostbite of the hands and feet, and leukopenia. The Veteran was granted a separate 20 percent rating for frequent episodes of locking, pain, and effusion of the left knee.

The Board has decided to remand the Veteran's claims for service connection for TBI and an initial compensable rating for migraine headaches due to the need for further medical examination.

The Board denied an earlier effective date for service connection of residuals of traumatic brain injury, finding no formal or informal claim prior to January 4, 2011.

The Board denied reopening of claims for somnambulism, mixed personality disorder, head trauma history (including TBI), bilateral hearing loss, and tinnitus due to lack of new and material evidence.

The Board has remanded the Veteran's claims for service connection due to a failure to appear at his scheduled hearing and because of the withdrawal of representation. The claims will be readjudicated after scheduling an informal telephonic conference.

The Board has determined that the reduction of the PTSD rating from 70% to 50% was improper and has restored the original 70% rating. The Veteran's TDIU claim is granted, subject to further development. Residuals of a head injury, including TBI residuals and tension headaches, are remanded for additional examination and opinion. Lumbar spondylosis with radiculopathy of the right lower extremity requires further evaluation.

The Veteran's migraine headaches are granted a 50% rating effective from December 6, 2013. The Board also remanded several other issues for further development.

The Board has remanded the claims for increased ratings for hepatitis C and TBI residuals due to new evidence indicating worsening symptoms. A VA examination is needed to assess current severity.

The Board has remanded the claims for further development to verify service dates and obtain relevant medical records, including private mental health records. The examiner will provide opinions on whether each condition is related to or aggravated by service-connected conditions.

The Veteran's TBI is found to be related to an in-service incident and service connection for the condition is granted.

The Veteran's service connection claims for OSA, TBI, and PTSD have been granted. The rating for PTSD has also been increased to 70 percent.

The Board dismissed all claims related to service connection and disability ratings, including those for hypertension, diabetes mellitus type II (DM), depression, residual scar, right forehead, painful scar, right forehead, and TBI. The Veteran's PTSD was granted a 100% rating.

The Board denied service connection for various conditions, including DDD of the cervical and thoracolumbar spine, bilateral hearing loss, GERD, obstructive sleep apnea, hypertension, dermatitis, squamous cell skin cancer, CTS, upper and lower extremity peripheral neuropathy, TBI, and migraine headaches. The Board found that there was no in-service injury or event supporting the claims for these conditions.

The Board has remanded the case due to insufficient evidence and a need for further examination. The Veteran's claim is being reviewed to determine if his head injuries are related to service.

The Veteran's major depressive disorder, generalized anxiety disorder, and traumatic brain injury have been characterized by depression, feelings of worthlessness, suicidal ideation, a few suicide attempts, social and occupational impairment with reduced reliability and productivity. The Board has determined that the current rating of 70% adequately reflects his social and work impairment.

The Veteran's claim for a higher disability rating for residuals of left eye injury, bilateral hearing loss, and headaches was denied. The claims for service connection for low back disability, heart disability, diabetes mellitus type 2, traumatic brain injury, acquired psychiatric disability (PTSD and depression), and TDIU prior to October 11, 2011 were remanded.