Traumatic brain injury (TBI) decisions — 2019

The Veteran's claims for bilateral hearing loss and traumatic brain injury (TBI) have been denied as there is no evidence of current disabilities meeting the criteria for service connection.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and evaluations. The issues include PTSD, bilateral pes planus, sleep apnea, acquired psychiatric disability (including PTSD), bilateral hearing loss, tinnitus, TBI, seizure disability secondary to TBI, vertigo secondary to TBI, Dercum’s disease, wrist carpal tunnel syndromes, hypermobility syndrome, testicular/inguinal hernia, respiratory disability, mast cell disorder, hemolytic anemia, and TMJ.

The Veteran's claim for a higher rating for residuals of TBI is denied, while the claim for a separate rating of 30 percent or more for migraine headaches as a residual of traumatic brain injury is granted.

The Veteran's TBI is granted as service-connected, and the case is remanded for a rating examination to determine the severity of his residuals. The issue of total disability rating based on individual unemployability due to service-connected disabilities is also remanded.

The Board denied the Veteran's claim of service connection for a right foot disability, finding that there is no evidence linking his current condition to active service.

The Veteran's claim for service connection for residuals of a traumatic brain injury (TBI), other than a cognitive disorder not otherwise specified was denied. The Board found that the evidence did not support a diagnosis of any residual TBI, and therefore, there were no residuals to grant service connection.,For the right ankle scar, the Veteran's claim for an increased rating prior to June 14, 2017 was denied as the scar did not meet the criteria for a compensable rating. The evidence showed that the scar was not painful or unstable and constituted less than 929 square centimeters.

The appeals for bilateral hearing loss, tinnitus, right ankle disorder, right shoulder disorder, left shoulder disorder, chronic left sternoclavicular joint disorder, left foot disorder, and left lower extremity radiculopathy have been dismissed.,The appeal for PTSD has also been dismissed.

The Veteran's claims for PTSD with TBI and headaches, as well as left ankle disability were granted effective from June 19, 2012, and July 16, 2012 respectively.,An earlier effective date request was denied.

The Board has granted service connection for an acquired psychiatric disorder, to include PTSD, and denied service connection for residuals of traumatic brain injury.

The Board has remanded the Veteran's claims due to incomplete records and need for additional development, including obtaining service treatment records from his Marine Corps Reserve service and VA treatment records. The Veteran is also required to provide private chiropractic treatment records.

The Veteran's left ear hearing loss is granted as service-connected, but his right ear hearing loss and TBI are denied.

The Board has determined that the Veteran's claims for service connection for vertigo, Meniere’s disease, traumatic brain injury (shrapnel in brain, right side), and degenerative disc disease of the lumbar spine with right lower extremity radiculopathy should be remanded due to incomplete development. Specifically, there is a need to obtain VA treatment records from 2016 onwards, as well as VA treatment records from the early 1970s at a VA medical facility in New York City. Additionally, an examination is needed to determine if the Veteran's lumbar spine condition is related to service, and a copy of the Statement of the Case (SOC) issued in December 2016 should be obtained.

Service connection is granted for an acquired psychiatric disability, including delusional disorder. Service connection is denied for traumatic brain injury and/or residuals of TBI, seizure disorder, blurred vision, joint pain, muscle pain, peripheral neuropathy, fatigue, memory loss, and weight loss.

The Veteran's claims for service connection for chronic urticaria and residuals of a right orbital bone fracture have been reopened due to the submission of new and material evidence. However, these claims remain denied as there is no established link between the conditions and service.,Claims for migraine headaches and rhinitis (secondary to service-connected fracture of the nose) are also denied.

The Veteran's cervical spine disorder is rated at 10 percent, but no more. The lumbar strain and bilateral knee disorders are each rated at 10 percent.,PTSD was granted a 70 percent rating prior to January 31, 2014, with the possibility of an increased rating from that date onwards.

The Veteran's claims of service connection for various psychiatric, hearing, back, hypertension, migraine headaches, tinnitus, shoulder, frostbite, circulatory problems, lymphadenopathy and TBI disorders have been reopened. However, the claims remain denied as there is no evidence to support a link between these conditions and his military service.

The Veteran's service-connected right knee disability has been productive of pain on motion during the appeal period, warranting a 10 percent disability rating. The Veteran's service-connected TBI also requires further examination to determine its current severity.

The Board has determined that the Veteran's TBI is at least as likely as not related to his military service, and therefore grants service connection for TBI.

The Board has determined that a new VA examination is needed to assess the severity of the Veteran's TBI, and also finds that the issue of entitlement to a total disability rating based on individual unemployability (TDIU) prior to January 24, 2014 is inextricably intertwined with the TBI increased rating claim. The case is being remanded for these purposes.

The Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) to include headaches, dizziness, and acquired psychiatric disorders was granted. The Board also remanded the issues regarding whether new and material evidence has been received to reopen claims for entitlement to service connection for a disability of the eyes and hypertension, as well as the issue of entitlement to total disability rating based on individual unemployability (TDIU).