Traumatic brain injury (TBI) decisions — 2019

The Veteran's migraines have been granted an initial rating of 50 percent, effective October 2, 2012. The Veteran's TBI has not resulted in a higher than 10 percent rating.

The Veteran's claim for higher education benefits is denied because he did not have a service-connected disability that caused his discharge, and therefore does not qualify for the 100% rate.

The Board has remanded the case due to insufficient evidence regarding the service member's mental state at the time of his offenses and discharge, as well as incomplete personnel records for his Army Reserve service. The Appellant is asked to provide VA Form 21-4142 for treatment related to her deceased grandson's psychiatric conditions, and VA must obtain all relevant service and personnel records.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's reported stressors in Turkey. The right knee disability, frostbite of the left-hand fingertips, and lead poisoning residuals are denied as there is no evidence supporting their onset during or related to service.

The Veteran's TBI was granted a 70 percent rating effective October 27, 2016. The initial rating of 10 percent prior to September 12, 2018 is denied. An earlier effective date for the grant of service connection is also denied.

The Board has determined that a VA examination and opinion is needed to determine the nature and etiology of any residuals of frostbite of the feet, including Raynaud's syndrome. The Veteran maintains these conditions are related to his active service exposure to cold temperatures.

The Board has remanded several issues related to the Veteran's claims, including service connection for various conditions such as TBI, sinusitis, headaches, eye disorder, stomach disability, typhoid vaccination residuals, and diabetes mellitus. The issues are being remanded due to the need for additional evidence or examinations.

The Board has remanded the Veteran's claims for TBI, muscle and joint pain, unexplained weight loss, gastrointestinal disability, skin disorder, and insomnia/fatigue due to potential service connection issues. The Veteran will need a new VA examination to address these claims.

The Board has remanded the case due to incomplete service treatment records, specifically those associated with the Veteran's legal name and Social Security Number. The case will be returned for further development.

The Board has decided to remand the case due to insufficient evidence and need for further development, including obtaining medical records and conducting a VA examination.

The Board has remanded the issues of service connection for residuals of frostbite of both lower extremities, chronic fatigue syndrome, and thyroid cancer due to in-service herbicide agent exposure.,Service connection is not granted for left shoulder disability or right shoulder disability.

The Board has determined that the Veteran's current TBI residuals are related to his service, including a combat injury in October 2004. The claim for service connection is granted.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include TBI, tinnitus secondary to TBI, an acquired psychiatric disability including depression, and a fractured nose.

The Board has determined that the Veteran does not have a current diagnosis of TBI or head trauma residuals and has not had one at any time during the pendency of the claim or recent to the filing of the claim. The preponderance of the evidence is against the service connection claim.

The Veteran withdrew his appeals for several conditions, including lumbar spine strain, traumatic brain injury, major depressive disorder with unspecified neurocognitive disorder, and left lumbar radiculopathy. The Board dismissed these appeals as a result.

The Board has granted service connection for a traumatic brain injury and headaches as secondary to the TBI, finding that the Veteran's symptoms are related to her in-service exposure to an improvised explosive device (IED) explosion.

The Veteran's claims for sleep apnea, an acquired psychiatric disorder (claimed as PTSD and anxiety), bilateral hearing loss, eye problems, TBI, left shoulder disorder, neck disorder, and stomach ulcers have all been denied.,There is no current diagnosis of any of these conditions.

The Veteran's TBI is rated at 40 percent, but no higher. The Board also granted the Veteran a TDIU based on his service-connected disabilities.

The Board has remanded the cases for additional development, including obtaining VA treatment records and scheduling a new examination. The Veteran's disability ratings remain under review.