Traumatic brain injury (TBI) decisions — 2019

The Board has granted a 100 percent rating for the Veteran's service-connected TBI residuals, including posttraumatic headaches, effective from the date of the decision.

The Veteran's service records show a motor vehicle accident in January 1981 resulting in TBI. The VA and private medical opinions support the finding of TBI, with associated symptoms like memory loss and headaches. Anxiety and major depressive disorder are found to be secondary to these TBI residuals.

The Board has remanded the claims of service connection for residuals of a head injury, to include TBI and headaches, and rating in excess of 20 percent for service-connected lumbar spondylosis, to include whether a separate rating is warranted for right leg radiculopathy.

The Board has remanded the case for further development and evaluation of whether the appellant was insane at the time of his involuntary manslaughter, which led to his dishonorable discharge. The VA will obtain all relevant records and schedule a medical examination.

The Veteran's appeal is remanded due to the need for further evaluation and consideration of her claims, including TBI cognitive impairment residuals and TDIU.

The Board has remanded the Veteran's claims for asthma and TBI due to inadequate VA examination reports. The Veteran is seeking service connection for both conditions, with potential links to asbestos exposure, in-service MVA, or other factors.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient evidence and need further development. Specifically, additional records from Social Security Administration (SSA) and VA treatment records are required.

The Veteran's TBI and migraine headaches have been rated at the lowest available level (10%) throughout the appeal period, as there is no evidence of more than mild impairment in any facet for TBI or characteristic prostrating attacks for migraines.

The Board found that the grant of service connection for TBI was clearly and unmistakably erroneous due to an incorrect diagnosis by a psychologist, who is not qualified to diagnose TBI. As a result, service connection was properly severed.

The Veteran's residuals of traumatic brain injury are rated at a 40 percent rating, effective from September 25, 2009. The Veteran’s migraines associated with the traumatic brain injury are not rated higher than 10 percent.

The Board denied the Veteran's claims for service connection for residuals of a traumatic brain injury and erectile dysfunction.,Neither condition was found to have any chronic residuals from in-service injuries.

The Board has remanded the case for further development, including a new VA examination to assess whether the Veteran's TBI symptoms are separable from his PTSD and depression. The claim will also be reviewed to determine if referral is necessary for an extraschedular rating.

The Veteran's cervical spine disorder is denied as there are no residuals of the in-service injury.,The Veteran's right rib disorder is denied as there are no current residuals from the in-service fracture.,The lung disorder due to chemical exposure is denied as there is no evidence of a current disability attributable to service.,The traumatic brain injury is denied as there is no evidence of a current disability attributable to service.

The Board has determined that the Veteran does not have current residuals of a TBI, and therefore service connection for this condition is denied.

The Board dismissed the appeal due to the death of the appellant, as the claim has become moot.

The Board has found that service connection for retinopathy of the right eye is warranted, but has remanded the issue of service connection for a traumatic brain injury due to lack of sufficient evidence.

The Veteran's claims for higher initial ratings for residuals of frostbite injuries and peripheral neuropathy in his lower extremities have been denied. The maximum schedular ratings are already assigned, and the evidence does not support a higher rating based on additional symptoms or worsening.

The Veteran's seizure disability and traumatic brain injury were granted service connection, with effective dates of August 31, 2006.

The Veteran's service connection claims for sarcoidosis, cervical spine disorder, and various other conditions have been reopened. The Board finds that the evidence supports a link between these conditions and the Veteran's active service.

The Board has remanded the claims of service connection for right ear hearing loss, left cheek numbness, and a sinus condition. The Veteran's TBI-related headaches are also being remanded for further examination to determine their nature.