Traumatic brain injury (TBI) decisions — 2020

Service connection for migraine headaches has been granted.,The claim for service connection for right knee condition is denied.

The Board has remanded the Veteran's claims for TBI and tremors/ataxia of bilateral upper and lower extremities due to inadequate development in previous VA examinations. The claims are being remanded again as there has not been substantial compliance with the mandates of the June 2017 remand order.

The Board denied service connection for Traumatic Brain Injury (TBI) as the Veteran does not have a current diagnosis of TBI.

The Board has remanded the Veteran's claims for service connection due to new evidence and further development is required.

The Board found that the appellant's character of discharge for his military service from July 31, 2006 to March 28, 2013 constituted a bar to payment of VA benefits due to willful and persistent misconduct.

The Veteran's service-connected ischemic heart disease was reduced from 60% to 10%, effective January 1, 2012. The reduction is denied as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.

The Board has remanded several issues for further development, including verifying the Veteran's claimed personal assault stressor and obtaining medical opinions regarding his diagnoses and service connection claims.

The Veteran's appeals for a higher rating for pseudofolliculitis barbae, service connection for TBI, and service connection for lymphoma have been dismissed due to withdrawal of the claims.,The Veteran is competent to handle VA disbursement of funds.

The Board has remanded the case for further development due to conflicting evidence regarding the Veteran's in-service head injury and its residuals. The Veteran is seeking service connection for his claimed conditions, but the Board needs clarification on whether he experienced any residual effects from an in-service head injury.

The Board has determined that the Veteran's service connection claim for residuals of a traumatic brain injury, including migraine headaches, is granted due to the evidence being at least in relative equipoise as to whether the Veteran incurred a TBI during active service and has current residuals thereof.

The Board has decided to remand the cases for further examination and opinion regarding service connection for bilateral hearing loss, tinnitus, and traumatic brain injury.

The Board has remanded the claims of service connection for bilateral hip and knee conditions due to insufficient medical opinions regarding their etiology. The Veteran's lay statements indicate significant limitations, and a VA examiner provided an opinion linking early onset traumatic arthritis to the Veteran’s history of parachuting during service.

The Veteran's claims for service connection for spinal cerebellar atrophy and residuals of TBI have been reopened, and a 10% disability rating has been granted. The effective date is September 20, 2018.

The Board has remanded the issues of service connection for PTSD, TBI, migraine headaches, and TDIU. The effective date request for PTSD is denied.

The Board denied the Veteran's claim for an initial compensable rating for tension headaches associated with TBI, finding that his headaches do not rise to the level of prostrating attacks occurring one in two months over the last several months.

The Board has determined that additional evidence is needed to properly assess the Veteran's claims for increased ratings and remands these issues.

The Board has remanded the case due to inadequate opinion and incomplete VA treatment records. The Veteran's TBI symptoms need to be distinguished from his mental health conditions.

The Veteran's service-connected migraine headaches and residuals of traumatic brain injury disabilities, which arise from the same etiology, satisfy the schedular criteria for TDIU as of January 24, 2014. The Board also found that prior to this date, his total disability rating did not meet the schedular criteria for entitlement to TDIU. The claim for extraschedular TDIU prior to January 24, 2014 is remanded.

The Board denied service connection for a traumatic brain injury (TBI) as there is no current diagnosis of TBI or chronic TBI residuals in the record.

The Veteran's claims for service connection for erectile dysfunction, migraines and tension headaches associated with TBI, and TBI were denied as the effective dates assigned are the earliest allowed by law.