Traumatic brain injury (TBI) decisions — 2018

The Veteran's TBI residuals are remanded for further evaluation due to conflicting opinions and the need for updated VA treatment records.

The Board has decided to remand the case due to the Veteran's failure to report for a VA examination at the Evansville VAMC. The case is now being returned to the AOJ for further development, including scheduling an examination at the Louisville VAMC.

The Veteran's service connection claims for TBI and seizures are denied. The Board found no current disability related to these conditions based on the evidence of record.

The Veteran's claims for various conditions and disabilities are being remanded due to the need for additional development, including obtaining Social Security Administration records.

The Board dismissed the Veteran's claims of service connection for various conditions, including right shoulder arthritis, bursitis, tendonitis, bone spurs of the cervical spine, herniated disc of the lumbar spine, DJD of the left knee, residuals of a head injury with concussion/TBI, migraine headaches, and Alzheimer's disease and memory loss. The Veteran withdrew his appeal for these issues during a videoconference hearing.

The Board has remanded three issues: service connection for residuals of TBI, service connection for psychiatric disability (including PTSD), and an initial compensable rating and a rating greater than 30 percent from April 12, 2016, for seborrheic dermatitis of the scalp. Further development is needed to address these issues.

The Board has remanded the case due to insufficient evidence regarding the Veteran's TBI with memory loss, including whether it is related to her active duty service or any in-service disease, event, or injury. The Veteran will need to undergo a VA examination and provide updated medical records.

The Board has determined that the Veteran's traumatic brain injury in service was not due to willful misconduct and he currently suffers from residuals of this injury. Therefore, service connection for traumatic brain injury is granted.

The Board has remanded the claims of service connection for TBI, residuals of craniotomy, and an increased rating for migraines due to insufficient evidence. The Veteran needs to provide authorization for VA to obtain his private medical records and undergo a VA examination.

The Veteran's initial rating for TBI prior to April 28, 2016 was denied. A total rating of 100 percent is granted effective from April 28, 2016. The earlier effective dates for bilateral hearing loss and vertigo as well as service connection for residuals of TBI are remanded.

The Board denied service connection for a right hand disability, claimed as residuals of frostbite, finding that the Veteran's current symptoms were more likely related to his other medical conditions (diabetes mellitus, hepatitis C, renal disease, and coronary artery disease) rather than his in-service exposure to cold.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since October 19, 2013.

The Veteran's cervical spine and left carpal tunnel disabilities were dismissed due to the RO granting them in full. The right ear hearing loss disability, actinic keratosis (skin condition), acquired psychiatric disability (PTSD), right shoulder and knee disabilities, sleep apnea, hernia, GERD, and TBI have been denied. Service connection for hypertension has also been denied.

The Veteran's service connection claim for residuals of a traumatic brain injury, including headaches and memory loss, is denied as the evidence does not support a finding that these conditions are related to his military service.

The Board has determined that VA examinations are needed to determine the nature and etiology of various conditions, including low back and cervical spine disorders, shoulder disorders, knee disorders, hearing loss, tinnitus, GERD, TBI, headaches, and hand tremors. The Veteran's service records show in-service accidents and injuries, but further medical evaluation is required to establish a connection between these conditions and his military service.

The Board denied service connection for right hip, left knee (claimed as degenerative joint disease), and chronic bronchitis. However, it granted service connection for a traumatic brain injury.

The Veteran's TBI residuals are granted as service connection, and the issue of total disability rating based on unemployability (TDIU) is remanded.

The Veteran's acquired psychiatric disorder, including PTSD and alcohol use disorder, is rated at 70 percent since October 24, 2007, to April 21, 2009. The rating for the service-connected psychiatric disorder was increased to 70 percent from April 22, 2009, to June 12, 2017.

The Board dismissed the appeals regarding service connection for various conditions due to the appellant's representative withdrawing the appeal.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions. The issues include bilateral hearing loss, tinnitus, shin splints, shoulder disorders, frostbite, psychiatric conditions, traumatic brain injury, headaches, wrist, hip, ankle, knee, elbow, little finger, plantar fasciitis, joint pain, back pain, neck pain, erectile dysfunction, sleep apnea, skin disorder, and eye problems.