Traumatic brain injury (TBI) decisions — 2019

The Board denied the Veteran's requests to reopen his previously denied claims for service connection for residuals from a traumatic brain injury and a sleep disorder, finding that the new evidence did not raise a reasonable possibility of substantiating the claims.

The Veteran's TBI with memory impairment and associated chronic headaches are rated at a non-initial evaluation of 10 percent, which is denied as the criteria for higher ratings have not been met.

The Board has remanded the Veteran's claims for service connection for residuals of frostbite and left knee meniscus tear due to the unavailability of his service treatment records. The Veteran must undergo VA examinations to determine the nature and etiology of these conditions.

The Board has remanded the Veteran's claims of service connection for a left eye disability, traumatic brain injury (TBI), and left leg disability due to new evidence received after certification to the Board.

The Board's decision is partially vacated due to procedural deficiencies and the issues of temporary total evaluation for a left knee disorder and increased rating for a low back disorder are remanded.

The Board denied the Veteran's claims for service connection for head injury, traumatic brain injury; psychiatric disability other than schizoaffective disorder; and an initial compensable rating for left index finger scar. The Board found no current residuals of a TBI or evidence of a psychiatric disability other than schizoaffective disorder. The left index finger scar was rated as noncompensable due to lack of painful or unstable characteristics.

The Veteran's claim for service connection for intermittent paresthesias of the fingertips has been reopened. The Board finds new and material evidence to support this claim.,Service connection for diabetes mellitus, type II and erectile dysfunction have not been established as these conditions are not shown during the period on appeal.

The Veteran's petitions to reopen service connection for various conditions were denied due to lack of new and material evidence. The effective date for the award of service connection for anxiety disorder was not advanced as requested.

The Veteran's increased rating claims for head scars, headache disability, TBI, and left ear hearing loss are remanded due to the need for additional medical examinations.

The Board denied the Veteran's petition to reopen his previously-denied claim for service connection for a TBI and residuals of surgery, finding that no new and material evidence had been received since the June 2017 rating decision.

The Board has determined that the Veteran does not have a current disability related to TBI or neurobehavioral effects related to environmental hazards at Camp Lejeune, and thus service connection for these conditions is denied. The claims are being remanded due to the need for updated medical evidence regarding the Veteran's PTSD with major depressive disorder.

The Board has decided to remand the Veteran's claims for increased rating and service connection due to incomplete information, including missing VA treatment records and SSA decision. The AOJ is instructed to obtain these records and conduct further development as needed.

The Veteran's service connection claim for degenerative joint disease of the right hip/right total hip arthroplasty, claimed as a right hip condition, was reopened and granted.,Service connection for residuals of a traumatic brain injury (TBI) and migraines, as a residual of TBI, were both granted.

The Board has granted service connection for residuals of frostbite of the right and left feet, finding that these conditions are related to service. The TDIU claim is remanded as it depends on the rating assigned.

The Board denied the Veteran's claim for service connection for residuals of a head injury, including TBI, finding that there is no evidence of current disability related to an in-service head injury.

Service connection was restored for TBI and right shoulder strain. The Veteran's left foot hallux valgus and Osgood Schlatter's disease of the right knee were not granted increased ratings.

The Board has determined that the Veteran's current TBI with residuals is related to his in-service motor vehicle accident, and thus service connection for this condition is granted.

The Board has remanded the cases for further development and examination due to incomplete records and failure to comply with previous remand directives.

The Veteran's service-connected headaches resulted in very frequent episodes of prostrating attacks resulting in severe economic inadaptability prior to May 29, 2012. The claim for an increased rating is granted with a disability rating of 50 percent.

The Board has decided to remand the case due to inadequate examinations and incomplete medical records, particularly regarding the Veteran's service-connected traumatic brain injury (TBI) and any acquired psychiatric disorder.