Traumatic brain injury (TBI) decisions — 2018

The Board has determined that additional development is necessary to fully and correctly adjudicate the claims on appeal, including obtaining National Guard service records, VA treatment records from October 2015 onward, and private medical treatment records. The case will be remanded for these actions.

The Board has determined that the Veteran does not have a current diagnosis for lung cancer, COPD, or residuals of pneumonia. The VA examiner found no objective evidence to support these diagnoses and opined that there is no relationship between the diagnosed conditions and service.

The Veteran's cervical spine disability is currently rated as 10 percent prior to August 16, 2017 and 20 percent thereafter. The evidence does not meet the criteria for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating IVDS Based on Incapacitating Episodes.

The Board has determined that service connection is granted for bilateral hearing loss and tinnitus, but the claim for TBI residuals remains pending as there was insufficient evidence to establish a direct relationship with service.

The Veteran's residuals of TBI are found to be causally related to service, and the claim for service connection is granted.

The Board found that there is no evidence of a TBI, significant injury to the mouth, or dental trauma in service. The claims for service connection were denied.

The Veteran's TBI residuals have been evaluated as a single condition, resulting in a 10% disability rating since February 22, 2008. The Board found that the evidence did not support a higher rating based on his symptoms.

The Veteran's claim for an increased rating for his service-connected traumatic brain injury was denied as he failed to report for scheduled VA examinations.

The Board has decided to remand the case for additional development and examination, as requested in a previous remand. The Veteran's claim of service connection for TBI residuals is being returned to the agency of original jurisdiction (AOJ) for further action.

The Veteran's appeal is being remanded for further development to obtain relevant medical records and determine the nature and etiology of his claimed conditions.

The Veteran's appeal has been dismissed as he withdrew his appeal via a written statement in February 2018.

The Board has denied the Veteran's claims for service connection for a traumatic brain injury and sleep apnea, finding that there is no current disability associated with these conditions and insufficient evidence to establish their onset during active service.

The Board has remanded the claims for additional development due to outstanding medical records and need for a comprehensive examination.

The Veteran's seizure disorder with narcolepsy is rated at 80 percent effective December 19, 2012. The Veteran's partial complex seizures prior to this date are rated at 40 percent.

The Veteran's tinnitus has been granted service connection as it is considered a chronic disease incurred in or aggravated by active service.,Service connection for traumatic brain injury (TBI) cannot be determined due to insufficient evidence.

The Veteran's claims for service connection are being remanded due to incomplete records and the need for additional examinations.

The Veteran's TBI residuals include complaints of memory impairment and numbness and tingling in the hands. The Board found that more than a mild cognitive impairment equating to level 2 impairment under any facet has not been demonstrated, and she is currently assigned separate disability ratings for symptoms attributable to migraine headaches, posttraumatic stress disorder (PTSD) and tinnitus.

The Board found that the appellant's TBI and headaches, claimed as psychosis associated with organic brain syndrome due to brain trauma, caused considerable impairment of social and industrial adaptability prior to March 6, 1995. The rating assigned is 50 percent for this period.

The Board has denied the Veteran's claims for service connection for traumatic brain injury, dental trauma, asthma, posttraumatic stress disorder (PTSD), and an acquired psychiatric disability other than PTSD. The evidence does not support a finding that any of these conditions are related to service.

The Board has determined that the Veteran's bilateral hearing loss is not related to his military service and does not meet the criteria for service connection.,There is no evidence of residuals of a traumatic brain injury in the record, and the Veteran does not suffer from such condition.