Traumatic brain injury (TBI) decisions — 2019

The Veteran's claims for service connection for TBI residuals and spinal stenosis, to include as secondary to TBI residuals are being remanded due to outstanding records that need to be obtained.

The Veteran's claim for TBI with residuals of tension headaches and post concussive syndrome was granted effective May 3, 1999. The Board found no CUE in the April 1982 rating decision that denied this claim.

The Board has remanded the cases for further development and examination to address the Veteran's TBI and PTSD claims, including obtaining updated VA treatment records and conducting examinations to determine the nature and etiology of her conditions.

The Veteran's claims for service connection for various conditions, including hypertension, bilateral cataracts, OSA, TBI with dementia, and peripheral neuropathy are all denied. The Board found that the evidence does not support a finding of in-service exposure to herbicide agents or a nexus between these conditions and active duty service.

The Board denied service connection for a left wrist disorder, right wrist disorder, residuals of TBI, and lumbar radiculopathy of the left lower extremity. The Veteran was granted service connection for migraine headaches and peripheral vestibular disorder (claimed as vertigo).,Service connection was not established for any of the conditions due to lack of current disability evidence.

The Veteran's claims for residuals of frostbite of the hands, left ankle disability (claimed as ankle swelling), and residuals of frostbite of the feet have been remanded due to insufficient evidence.

The Veteran's transport to a VA hospital by ambulance on January 4, 2015 was not medically required and therefore payment or reimbursement for the ambulance fees is denied.

The Board has remanded the Veteran's claims for service connection for a vestibular disorder and residuals of a TBI, as well as his claim for an increased rating for low back strain and initial rating in excess of 50 percent for PTSD. The issues are being returned to the AOJ for additional development.

The Board has reopened the Veteran's claim of service connection for a traumatic brain injury (TBI) with headaches and granted it, finding that new evidence supports an in-service incident and linking it to current symptoms.

The Board has remanded the Veteran's claims for bilateral hearing loss, cervical spine strain, right wrist strain, left knee disability, left ankle disability, and traumatic brain injury (TBI) as well as his claim for a TDIU prior to August 13, 2015.

The Veteran's appeals for temporary total evaluations and increased ratings were dismissed due to the invalidity of a Notice of Disagreement submitted by his representative.,Issues concerning compensable ratings for upper brachial plexus injury, traumatic brain injury (TBI), fracture, left orbital floor, and right-hand scar were also dismissed as there was no specific error or law identified in the VA decisions.

The Veteran is seeking a higher rating for his PTSD associated with TBI, and the Board has determined that further examination is needed to determine if the current evaluation adequately reflects the severity of his symptoms.

The Veteran's claims for service connection for various conditions, including brain disease, joint pain, muscle pain, blurred vision, fatigue, peripheral neuropathy/fibromyalgia, insomnia, memory loss, and an acquired psychiatric disorder (PTSD and schizophrenia), are denied as there is no evidence of a current disability that was incurred in or due to his time in service.

The Veteran's claim for service connection for a low back disability is granted, but denied for traumatic brain injury. The Board found that the current evidence does not establish a current diagnosis of TBI.

The Board denied service connection for TBI residuals, PTSD, and the reopening of service connection for an anxiety disorder due to lack of credible evidence supporting these claims.

The Board has determined that a remand is necessary to consider additional VA treatment records and obtain updated VA examination reports, as well as any relevant records from the Rochester Vet Center. The issue of whether discontinuance of the separate rating for TBI residuals with cognitive disorder was proper will be addressed in the Supplemental Statement of the Case.

The Veteran's claim for an earlier effective date for the grant of service connection and a 100% disability rating for mood disorder due to traumatic brain injury is denied. The earliest date of claim was September 7, 2004.

The Board has remanded the issues of entitlement to an effective date other than June 1, 2015 for a disability rating of 10% for a back disorder and earlier than September 7, 2011 for service connection for a neck disorder.

The Veteran's application to reopen the claim of service connection for a traumatic brain injury (TBI) was denied. The rating in excess of 10 percent for musculoligamentous strain/sprain of the lumbar spine was also denied.

The Veteran's claim for service connection has been reopened, and the claims for multiple joint pains, right shoulder disability, back disability, right ankle disability, blindness (including light perception only), migraine headaches associated with TBI, and a disability of the tongue have all been granted. The effective date is not specified as it is prior to March 14, 2016.