Traumatic brain injury (TBI) decisions — 2019

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and residuals of TBI are denied as the earliest effective date is February 10, 2015.

The Veteran's claim for service connection for TBI has been granted.,The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been remanded.

The Veteran's claim for a compensable rating prior to August 24, 2016 and in excess of 10 percent thereafter for residuals of TBI is remanded due to the need for a new examination by a specialist.

The Board has remanded the claims for service connection due to the Veteran's inability to attend VA examinations and the need for additional medical records.

The Board has remanded the claims of service connection for TBI residuals and basic eligibility for VA non-service-connected pension benefits due to a lack of proper notification regarding the rescheduled VA examination. The appeal is pending until these issues are resolved.

The Board denied service connection for a bilateral foot disability and a TBI, finding no increase in severity of pre-existing pes planus during service and insufficient evidence to support the Veteran's claims.

The Board has determined that additional examinations and evaluations are needed for the Veteran's service-connected conditions, as well as to address his claims regarding PTSD and major depressive disorder. The appeals will be remanded.

The Board has granted a 20 percent evaluation for frostbite residuals of the left ear, right ear, and nose for the entire appeal period.

The Veteran's headaches prior to April 19, 2012 were not characterized by prostrating attacks averaging once in two months over the last several months.,Since April 19, 2012, the Veteran’s headaches result in prostrating attacks that occur several times a month for approximately an hour. However, his headaches are not productive of severe economic inadaptability.

The Veteran's claims for service connection for protein in urine, hyperlipidemia, frostbite of the left hand, left foot, and right foot have been dismissed. The claim for service connection for hyperlipidemia has been denied as it is not a disability for which VA compensation benefits are payable.,Service connection for frostbite of the right hand was denied. Service connection for left knee disorder, cervical disorder, liver disorder, albumin (as secondary to liver disorder), hypertension, Lyme disease, and gout were all remanded.

The claim for service connection for TBI has been reopened based on new and material evidence. The claims for increased evaluations of the right knee and ankle strain are being remanded, as is the claim for an earlier effective date for total disability rating based on individual unemployability (TDIU). The claim for major depressive disorder remains denied.

The Board has remanded the claims for service connection due to a lack of VA Compensation and Pension examinations, insufficient lay evidence, and need for medical opinions regarding the nature and etiology of the Veteran's claimed disabilities.

The Veteran's claim for service connection for a traumatic brain injury was denied. His claim for an increased rating for lumbosacral strain with mild degenerative disc disease was also denied. The Board remanded his claims for service connection of left hip, right hip, and left knee disabilities as well as the TDIU claim prior to June 25, 2018.

The Veteran's claim for a compensable initial rating for TBI is remanded due to the inconsistency between the findings on a September 2014 VA examination and the Veteran’s lay reports of his TBI symptomatology. The Board finds that the November 2018 VA fee-based examination is inadequate because the examiner failed to address the Veteran's lay contention that he has short-term memory impairment and short temper as a result of his TBI.

The Board has determined that the Veteran's claims for service connection are not granted, and these issues have been remanded for further development.

The Board has determined that additional development is necessary and the appeal is, therefore, REMANDED as directed below. The Veteran must provide any further medical evidence not currently in VA's possession regarding her alleged service-connected disabilities. The case should be handled expeditiously.

The Board denied service connection for a traumatic brain injury (TBI) as there is no evidence of current residuals or a diagnosis of TBI, and the Veteran's symptoms are more likely related to other conditions.

The Veteran's application to reopen his claim for service connection for TBI residuals is granted. The Board finds that a remand is necessary due to the lack of STRs and the need for a VA examination.

The Board has determined that additional medical examinations are needed to determine the nature and etiology of the Veteran's claimed conditions, including left lower extremity condition, eczema, acquired psychiatric disorder (including PTSD and depression), and residuals of a traumatic brain injury. The claims for service connection will be remanded.

The Board has decided to remand the case due to a duty to assist error, requiring a VA examination for service connection of TBI.