Traumatic brain injury (TBI) decisions — 2020

The Board denied the Veteran's claim for service connection for the residuals of a traumatic brain injury (TBI) as there was no evidence of a TBI in-service or after, and the clinical findings did not support his contentions.

The Veteran's claim for a rating in excess of 10 percent for traumatic brain injury with mild memory loss was denied. His initial compensable rating for tension headaches was also denied, but he received a separate non-compensable rating for the same condition effective September 6, 2016. The Veteran's TDIU claim and eligibility for specially adapted housing or home adaptation grants were both denied.

The Board denied service connection for various disabilities, including tinnitus, right ankle disability, right elbow necrotic ulcer with scar, pelvic fracture, basilar skull fracture, right medial orbital wall fracture, right ear hearing loss disability, tracheostomy, right pulmonary contusion, grade VI liver laceration, status post-surgical repair, intraperitoneal bladder rupture, status-post surgical repair, splenetic laceration, status post multiple laparotomy repairs, scar secondary to a tracheostomy, scarring from stomach surgery, subarachnoid hemorrhage, and traumatic brain injury. The decision was based on the finding that these disabilities were not incurred or aggravated by service due to willful misconduct.,The Board also denied service connection for a right ankle disability, as it was determined that the Veteran's tinnitus did not have its onset in service and is not otherwise related to service.

The Veteran's claims for service connection have been granted, with effective date of July 1, 2020. The conditions were found to be related to his active duty service.

Obstructive sleep apnea, traumatic brain injury with memory loss and dizziness (TBI residuals), and migraine headaches have been granted service connection effective July 13, 2012.

The Veteran's service connection for traumatic brain injury is granted, while the claim for residuals of craniotomy status post right frontal cavernoma resection is denied.

The Board has remanded the case due to issues with ratings for TBI, headaches, and tinnitus. The pineal cyst issue is also pending.

A rating of 40 percent, but no more, for a traumatic brain injury is granted. Service connection for erectile dysfunction due to elective circumcision is denied.

The Board denied service connection for a traumatic brain injury (TBI) and cerebellar atrophy, finding that the Veteran's current symptoms are not related to his military service.

The Veteran's appeals for service connection of TBI and PTSD have been dismissed. The appeal for a total disability rating based on individual unemployability (TDIU) is remanded.

The Board dismissed the veteran's claims for an increased rating for traumatic brain injury and a compensable rating for migraine headaches due to the appellant's representative requesting withdrawal of both issues.

The Board denied the Veteran's claims of service connection for TBI, Headaches, and Cognitive Disorder. The evidence did not support a finding that these conditions began during or were related to service.

The Veteran's claims for service connection have been reopened, and the Board has determined that new evidence supports these claims. The Veteran is now entitled to compensation for residuals of traumatic brain injury, an acquired psychiatric disorder, ulcerative colitis, a bilateral hearing loss disability, and Crohn’s disease.

The Veteran's claim for an increased rating for his service-connected status post-traumatic brain injury (TBI) with headaches, including secondary service connection for migraine headaches, is remanded due to incomplete development and lack of a specific addendum opinion regarding the severity of his headaches.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation, thus his claim for TDIU is denied.

The Veteran's appeal for service connection of TBI residuals was dismissed due to their death.

The Board has denied service connection for frostbite of the bilateral feet and fingers, but has remanded the issue of service connection for prostate cancer.

The Veteran's PTSD and TBI symptoms are currently rated at 70 percent, which is the highest rating available for combined service-connected disabilities. The Board found that separate ratings were not warranted as the primary symptoms of TBI cannot be separated from his symptoms of PTSD.

The Veteran's TBI with PTSD was initially rated at 40% prior to November 19, 2018. From that date, the rating was increased to 70%. The decision grants a higher rating for his condition.

The Board has denied the petitions to reopen previously denied claims for service connection for bilateral foot arthritis and frostbite. The evidence submitted since the last final denial was found not to be new and material.