Traumatic brain injury (TBI) decisions — 2019

The Veteran was granted an initial evaluation of 50 percent for migraines, but denied evaluations in excess of the current 10 percent rating for chondromalacia patellae/patellofemoral syndrome and residuals of traumatic brain injury. The Veteran's carpal tunnel status post carpal tunnel release with cubital tunnel syndrome was granted an initial evaluation of 20 percent.

The Veteran's appeal has been dismissed as he requested withdrawal of all issues on appeal.

The Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) is denied as there is no current diagnosis or evidence that the TBI occurred during service.

The Veteran's service connection claims for various disabilities, including cervical spine disability, back disability, bilateral foot disability, tinnitus, sleep disability, chest disability, diabetes mellitus (to include as secondary to herbicide exposure), TBI, hypertension, and bilateral lower extremity neuropathy have all been denied. The dental condition claim has also been referred for adjudication.

The Veteran's TBI and headaches are being remanded for further evaluation due to the overlap in symptoms with his PTSD. The reduction of a 10 percent rating for headaches is also under review.

The Veteran's claim for residuals of a traumatic brain injury was denied. The rating for lumbar spine disability before September 16, 2016 and in excess of 20 percent thereafter, as well as the rating for left knee disability between June 4, 2015 and September 16, 2016 were also denied.

The Veteran's claim for service connection for other specified trauma and stressor related disorder with TBI was denied as there was no indication that he intended to reopen his previous claim for residuals of a head injury, which had been previously denied in September 2006. The effective date is set at November 6, 2014.

The Board has reopened the Veteran's claims for service connection for Meniere’s Syndrome and tinnitus disability, but denied these claims on their merits.,Service connection was not granted for a neck injury or TBI as there is no competent evidence of current disabilities.

The Board has determined that additional development is needed to determine the nature and etiology of any currently present TBI, headache disability, and respiratory disability. The Veteran's service records do not contain evidence of a head injury or TBI during his active service. However, he contends that he was struck in the head by a flying speaker during a hurricane in 1961 and had difficulty breathing after being exposed to asbestos while serving aboard a ship.

The Veteran's claims for service connection are granted for tinnitus, head injury (TBI), and headache disorder. The Board finds the Veteran has credible evidence of in-service events that support these claims. However, his claims for right total knee replacement, left ankle fracture, and gastroesophageal reflux disease (GERD) are remanded as there is insufficient medical opinion to establish a nexus between his current conditions and service.

The Board denied service connection for a bilateral foot disorder, bilateral knee condition, heart condition secondary to anxiety disorder, and residuals of a head injury (claimed as TBI).,There is no evidence linking the current conditions to service.

The Veteran's traumatic brain injury and PTSD symptoms do not warrant higher than the current ratings, with the case being remanded for further development.

The Veteran's claim for a head scar and TBI residuals was denied. Service connection for PTSD is granted with an initial rating of 70 percent, effective from April 25, 2017.

The Veteran's TBI, chronic costochondritis, right hip bursitis, and residuals of deviated septum status post septoplasty and turbinoplasty have been granted service connection. The claim for a left knee disability is denied.

The Board has dismissed the Veteran's appeal for an initial rating in excess of 10 percent for tinnitus due to his withdrawal. The remaining issues have been remanded for further development.

The Veteran's claim for service connection for sleep apnea secondary to PTSD has been reopened and granted.,The Veteran's claim for service connection for TBI due to IED blast exposure was denied as there is no current diagnosis of TBI.,The Veteran's claim for service connection for erectile dysfunction secondary to PTSD and/or back injury was denied as the evidence does not show a current disability.,The Veteran's claim for service connection for radiculopathy of left lower extremity secondary to back injury was denied due to lack of current diagnosis.

The Board has denied service connection for a skin disability and remanded the cases for further development regarding traumatic brain injury and post-traumatic headaches.

The Board has granted an initial rating of 20 percent for the residuals of bilateral frostbite to the upper and lower extremities, effective from the date of the decision.

The Veteran's claims for increased evaluations and effective dates have been denied. The Veteran is not entitled to an evaluation greater than 20 percent for cervical spondylosis, strain, levoscoliosis, and arthritis. Effective dates prior to January 16, 2015, are also denied for the grants of service connection for TBI, cervical spine disability, migraine headaches, and neuropathy of the bilateral upper and lower extremities.

The Board has determined that another remand is necessary to properly adjudicate the Veteran's claims for increased disability ratings for his service-connected low back strain, TBI, and PTSD.