Traumatic brain injury (TBI) decisions — 2019

The Board has remanded the case due to a need for clarification of an August 2016 VA examiner's opinion regarding the presence of a TBI with residual neurocognitive disorder.

The Veteran's initial disability rating for the residuals of TBI from March 24, 2009 is denied. The Board found that the criteria for a compensable initial disability rating are not met or more nearly approximated due to no complaints of impairment in memory, attention, concentration, or executive functions; normal judgment; always oriented to person, time, place, and situation; normal motor activity; normal visual spatial orientation; and normal ability to communicate by spoken and written language. The Veteran's symptoms of chronic dizziness, vertigo, and imbalance as well as the diagnosis of SSCD are not related to the TBI residuals from the in-service December 1998 motor vehicle accident.

The Board has remanded the Veteran's claims for service connection for headaches, traumatic brain injury (TBI), and low back disability due to insufficient medical opinions regarding their etiology. The Veteran is required to provide additional evidence such as VA treatment records related to his low back condition.

The appeal to reopen claims for service connection for a low back disability, tinnitus, and TBI is granted. Service connection for tinnitus is also granted.

The Veteran's PTSD rating is dismissed as the requested 70 percent rating has been granted.,Prior to September 20, 2010, the Veteran’s Meniere’s syndrome was rated at 30 percent. From that date forward, it is rated at 100 percent.,The Veteran's migraine headaches are now rated at 30 percent prior to March 23, 2019 and 50 percent thereafter.,SMC at the housebound rate has been granted from September 20, 2010. The TDIU claim is remanded.

The Board denied the Veteran's claim for service connection for residuals of traumatic brain injury as there was no evidence of a current disability or link to service.

The Board has remanded the claims for service connection for various conditions due to the need for further examination and opinion.

The Veteran's claim for service connection for a traumatic brain injury has been reopened due to the submission of new and material evidence. The case is now remanded for further development, including obtaining VA treatment records and scheduling an examination with a specialist to determine if the Veteran currently has any residuals from a traumatic brain injury and whether it is at least as likely as not that the condition was incurred in service.

Service connection has been granted for lumbar spine degenerative arthritis and cognitive impairment residual to a traumatic brain injury (TBI).,Remaining issues of entitlement to service connection have been remanded.

The Veteran's appeal for service connection for a traumatic brain injury (TBI) has been dismissed as the Veteran requested to withdraw his appeal.

The Veteran's claim for an earlier effective date for a 100% disability rating for PTSD with alcohol use disorder and TBI residuals is denied. The Board found that there was no factual basis to grant an earlier effective date as the increase in symptoms occurred after February 21, 2017.

The Veteran's claim for service connection for a TBI has been reopened, but the issue of remanding it remains unresolved.,PTSD was granted with an initial rating of 70% from May 7, 2013 to September 16, 2015. However, a higher rating is denied starting September 17, 2015.

The Board dismissed all claims for service connection due to the Veteran's death.

The Board dismissed the Veteran's appeal for service connection of left knee disability. The claims for nose trauma residuals, PTSD with anxiety and depression, sleep disorder (other than sleep apnea), TBI, and headaches were all granted.

The Veteran's initial rating for migraine headaches prior to April 30, 2018 was denied as his symptoms did not meet the criteria for a higher rating.,The Veteran's initial rating for dizziness and phonosensitivity after April 30, 2018 was also denied as his symptoms did not meet the criteria for a higher rating.

The Board denied the Veteran's claim for service connection for traumatic brain injury (TBI) and its related conditions, finding that there is no current evidence of TBI residuals or cognitive impairment. The appeal was dismissed.

The Board has remanded several claims, including those related to the Veteran's right knee disability, back disability, TBI, respiratory disability, headache disability, left forearm scar, hypertension, bilateral shoulder disorder, neck disorder, bilateral foot disorder, right hip disorder, chest disorder, and bilateral foot fungus. The RO is instructed to obtain all relevant medical records from VA facilities and any private providers.

The Veteran's claims for service connection related to TBI, cervical spine disorder, right leg disorder, left knee disorder, right thumb disorder, left thumb disorder, deviated septum with post-surgery complications, sleep disorder, and right knee disorder have been reopened due to the submission of new and material evidence. However, his claims remain denied as there is no legal basis for an evaluation in excess of 10 percent for tinnitus.

The Board has granted an earlier effective date of December 23, 2010 for the Veteran's entitlement to total disability rating based on individual unemployability (TDIU). The decision is based on the fact that the Veteran was entitled to a combined rating of at least 70 percent with a single disability rated at 40 percent or more since December 23, 2010, and his service-connected disabilities have prevented him from engaging in substantially gainful employment since that date.

The Veteran's claims for service connection for residuals of head trauma, eczema, rhinitis, sinusitis, postoperative colon cancer (residuals other than scars), irritable bowel syndrome, and anal fissures are all denied.,Service connection is not granted for PFB.