Traumatic brain injury (TBI) decisions — 2018

The Board has determined that the Veteran's TBI was incurred in service and grants service connection for a TBI.

The Board finds that the Veteran's progressive loss of balance is at least as likely as not due to service, including his perforated ear drum and concussion (TBI) and inner ear damage. Service connection for this condition is granted.

The Veteran's claims for service connection for traumatic brain injury, hepatitis C, and PTSD were denied as there is no competent evidence of current diagnoses or a link to service.

The Board has decided to remand the case for additional development, including obtaining service personnel records and VA treatment records. The Veteran's claim will be reconsidered after this additional development.

The Board has determined that the Veteran's current disabilities are not service-connected due to his own willful misconduct in operating a motorcycle under the influence of alcohol, resulting in an accident and injuries sustained in August 2007.

The Board has determined that the Veteran's traumatic brain injury is service-connected, and he is entitled to compensation for this condition. The claims for hypertension and rheumatoid arthritis are pending.

The Board has determined that the Veteran's claimed residuals of traumatic brain injury and right knee disorder were not incurred in or aggravated by service, nor are they proximately caused or aggravated by his service-connected disabilities. The claim for service connection is therefore denied.

The Board found that the Veteran does not have a current TBI as a result of his military service and denied his claim for service connection.

The Veteran's sleep apnea was incurred in service. The rating for PTSD with depressive disorder prior to April 2, 2014 is granted at 30 percent. The rating for TBI with central vertigo prior to April 2, 2014 is also granted at 30 percent.

The Veteran's claim for service connection for residuals of a traumatic brain injury has been reopened, but the Board is unable to determine if his current symptoms are related to his in-service TBI due to insufficient medical evidence. The case is being remanded for further development and an examination.

The Board has denied the Veteran's claims for service connection for residuals of fractured orbit, diplopia, headaches, residuals of TBI with concussion, and left knee disability as there is no evidence showing these conditions were incurred or aggravated during active duty.

The Board has determined that the Veteran does not have residuals of frostbite to the feet, and therefore denied his claim for service connection.

The Veteran is seeking service connection for a traumatic brain injury (TBI). The Board has decided to remand the case due to insufficient evidence addressing his claims, particularly regarding whether his TBI began during service or was related to active duty service.

The Veteran's residuals of traumatic brain injury are found to be service-connected, including significant problems remembering visual images in short term memory. Service connection is also granted for bilateral flat feet and a left knee disorder.

The Veteran's appeals for service connection for traumatic brain injury and bilateral eye irritation and blurred vision have been withdrawn. The appeal for an initial rating in excess of 20 percent for low back strain status post hemilaminectomy, the appeal for an initial rating in excess of 10 percent for degenerative joint disease, cervical spine (cervical spine disability), and the appeal for an initial rating in excess of 10 percent for right knee osteoarthropathy have been dismissed.

The Veteran's post-traumatic headaches have been rated at 50% since the appeal period began, resolving all doubt in his favor.,The reduction of the rating for loss of stereopsis and visual acuity from 30% to 10% was improper.

The Veteran's claim for earlier effective dates for his service-connected disabilities associated with traumatic brain injury (TBI) and loss of part of skull was denied by the Board. The decision found that it was not factually ascertainable that an increase in disability occurred within one year prior to the initiation of the claim, thus no earlier effective date is warranted.

The Veteran's claim for service connection for traumatic brain injury was denied as there is no evidence of a current disability related to his military service.,The left eye defective vision claim has been reopened due to the submission of new and material evidence, but service connection remains denied.

The Veteran's post-concussion syndrome and traumatic brain injury have not been shown to meet the criteria for a compensable initial rating under VA regulations.

The Board found no evidence of a TBI during the appeal period and denied service connection for PTSD with a history of adjustment disorder, major depression and alcoholism. The Veteran's headache syndrome was also denied as there were no characteristic prostrating attacks.