Traumatic brain injury (TBI) decisions — 2019

The Board has remanded two issues related to the Veteran's TBI: an earlier effective date for SMC based on housebound status and a higher level of SMC based on need for regular aid and attendance due to residuals of TBI. The claims are pending as new evidence may affect these determinations.

The Veteran's appeals for a higher disability rating and an earlier effective date for PTSD have been withdrawn.,The claim of service connection for bilateral foot disability has been reopened due to the submission of new evidence since the October 2012 denial.,Service connection for hyperhidrosis is denied as there is no current diagnosis or credible evidence linking it to service.,Service connection for residuals of a TBI is denied as there is no current diagnosis and insufficient evidence linking any diagnosed condition to service.

The Veteran's TBI is granted, and his tension headaches are denied. The Veteran's arthritis of the lumbar spine, left foot metatarsalgia (post-stress fracture), sinusitis, and allergic rhinitis are all remanded for further evaluation.

The Veteran's claim for service connection for residuals of a traumatic brain injury is granted. The claim for an evaluation in excess of 30 percent for bilateral pes planus and plantar fasciitis is denied. The claims for service connection for obstructive sleep apnea, right shoulder disability, right knee disability, and lumbar spine disability are remanded.

The Board has determined that the Veteran does not have a left ear hearing loss disability for VA purposes and therefore denied service connection for this condition. The issue of residuals of pneumonia was dismissed as the Veteran withdrew his appeal. Residuals of traumatic brain injury and cervical spine disabilities are remanded for further examination and opinion.

The Veteran's claims for ratings and service connection are being remanded due to the failure to appear for scheduled examinations. The Veteran will be provided with new examination dates.

The Veteran's service connection claim for traumatic brain injury residuals, including a mild neurocognitive disorder, is granted as the evidence shows he was exposed to multiple blasts during his deployment in Vietnam and developed symptoms consistent with a mild cognitive disorder due to traumatic brain injury.

The Veteran's TBI is granted, with the condition being at least as likely as not related to multiple head traumas sustained during active service.,The Veteran's headache condition and acquired psychiatric disorder are both granted, with the conditions being proximately due to his service-connected TBI.

The Board has dismissed the appeals for earlier effective dates and withdrawn issues related to superficial scars, cellulitis, painful scar, radiculopathy, peripheral neuropathy, muscle damage, rib cage, hypertension, and service connection. The appeal is REMANDED for further examinations and determinations regarding PTSD, cervical spine disorders, lumbar strain, TBI, and ear disorder.

The Board denied service connection for cervical spine, right shoulder, traumatic brain injury (TBI), migraine headaches, broken jaw, and right ankle disabilities due to lack of evidence showing an in-service injury or disease.,Service records do not indicate any incidents related to these conditions during the Veteran's active duty.

The Board has remanded the case due to an incomplete Statement of the Case (SOC) and instructed the AOJ to issue one. The Veteran must file a Substantive Appeal if he wishes to proceed with his claim for service connection for TBI.

The Veteran's service-connected TBI residuals require the need for personal health-care services provided on a daily basis in his home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional. The Board has granted special monthly compensation (SMC) at the rate provided by 38 U.S.C. § 1114(t).

The Veteran's claims for service connection for insomnia and an acquired psychiatric disability (excluding PTSD), including depression, have been withdrawn. The Veteran's claim for service connection for a TBI with headaches, vision disturbances, and memory loss has been granted.

The Veteran's PTSD and TBI residuals are remanded for further evaluation, including consideration of new evidence. The TDIU claim is also remanded as it is inextricably intertwined with the PTSD rating issue.

The Veteran's TBI and its residuals are being remanded for a new VA examination to assess the current nature, extent, and etiology of his condition.

The Board has reopened the claims for service connection for PTSD, an acquired psychiatric disorder other than PTSD, residuals of a traumatic brain injury, and amnesia. The claims are being remanded to allow for further development.

The appeal for service connection for Klippel-Feil syndrome and a hiatal hernia has been dismissed.,Service connection was granted for an acquired psychiatric disorder (including PTSD, depression, and anxiety).,Service connection was denied for chronic sleep disorder and chronic memory disorder.,Service connection was denied for residuals of a traumatic brain injury.

The Veteran's claim for TBI residuals was granted with an effective date of November 12, 2009. The reduction from a 100% to a 10% rating was found to be improper due to CUE in the February 2016 decision.

Your appeals for service connection for a right hand disorder other than carpal tunnel syndrome and for residuals of frostbite to the hands have been dismissed because they are part of legacy appeal system matters. The legacy appeals will continue to be processed as per the Board's July 2019 remand.

The Board denied the Veteran's request for an effective date prior to July 15, 2016, for the grant of service connection for Traumatic Brain Injury (TBI) as there was no formal or informal claim submitted before that date.