Traumatic brain injury (TBI) Board decisions

The Veteran's TDIU and eligibility for DEA benefits are granted effective July 20, 2015. The earlier effective dates of August 11, 2016, previously awarded by the Board, are vacated.

The Veteran's claims for service connection for TBI residuals, migraine headaches, PTSD with depression, and pansinusitis including headaches have been granted. The Veteran is also awarded a 50% rating for his pansinusitis condition since September 16, 2014.

The Veteran's bilateral hearing loss was manifested by hearing acuity of no worse than Level I in the right ear and no worse than Level III in the left ear. The claim for a compensable evaluation for bilateral hearing loss is denied.,The Veteran should be provided with a VA examination to determine if he currently has a TBI, and whether his other claimed disabilities are secondary to it. His current headaches may also be related to service, including his claimed head injuries and exposure to cannon and howitzer fire.,A VA examiner should provide an opinion on the relationship between the Veteran's sleep apnea and PTSD.,The Veteran's detached retina is remanded for further evaluation as a secondary condition to TBI.,The Veteran's left middle trigger/locked finger, right middle trigger/locked finger, left ring trigger finger, and right ring trigger finger are all remanded for further evaluation as secondary conditions to TBI.,The Veteran's sleep apnea is remanded for further evaluation as a secondary condition to PTSD.

The Board dismissed the appeals for service connection for a head injury/TBI, increased ratings for migraine headaches and PTSD/ADHD, and a petition to reopen left shoulder disability.

The Board has remanded the cases due to unclear consideration of relevant service treatment records in the November 2018 rating decision, and for reconsideration based on all evidence of record.

The Board has remanded the Veteran's claims for service connection for residuals of traumatic brain injury (TBI), to include neurocognitive disorder and headaches, due to conflicting VA opinions and lack of clear evidence regarding TBI exposure. The case is returned for further review.

The Veteran's claims for increased ratings and an earlier effective date are remanded due to the need for a statement of the case.

The Veteran's appeal for service connection for right ear hearing loss has been dismissed due to his withdrawal. The Board has also remanded several other claims for further development and consideration.

The Board has remanded the Veteran's claims for service connection due to incomplete or missing service treatment records, and for additional development including VA examinations.

The Veteran's appeals for increased ratings for left and right foot frostbite residuals with neuropathy were dismissed because the issues had already been decided in the Legacy appeal system, which is where they were originally filed.

The Veteran's claims for higher ratings on multiple service-connected conditions, including right knee disorders, PTSD, migraines, and TBI with vertigo, are being remanded due to the need for additional medical records.

The Board has not made a determination on the service connection for chronic fatigue syndrome and fibromyalgia, as these issues are currently pending. The claim for traumatic brain injury is being remanded.,New evidence received since the January 2016 rating decision does not relate to unestablished facts necessary to substantiate the claims of service connection for CFS and fibromyalgia.

The Veteran's application to reopen the claim of entitlement to service connection for a keloid scar of the neck was granted. Service connection for this condition is also granted. The Board has remanded the issues regarding back and right foot disorders due to incomplete STRs.

The Veteran's service connection claims for dental treatment, chronic dental condition, residuals from traumatic brain injury (TBI), and upper extremity neuropathies were denied. The Veteran was granted service connection for dental treatment due to in-service trauma.

The Board has granted service connection for residuals of a traumatic brain injury, including headaches. The case is remanded for further development regarding the initial compensable ratings for hernia residuals and scar related to hernia surgery, as well as service connection for a bilateral foot disorder.

The Board has determined that the Veteran's appeals were improperly placed on the AMA Hearing Docket and should be re-docketed under the Legacy system. The Veteran is advised to file a VA Form 9 if he wishes to continue his appeal.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and procedural errors. The claims will be reconsidered with new examinations.

The Veteran's claims for service connection for TBI and for a total disability rating based on individual unemployability (TDIU) are being remanded due to the Veteran's failure to attend VA examinations. The RO is instructed to attempt scheduling telehealth examinations, obtain SSA records, and expand their search of in-service treatment records.

The Veteran is granted SMC at the (l) rate for regular aid and attendance due to TBI with PTSD, and SMC at the (t) rate for requiring institutional care. The Veteran's spouse provides regular aid and attendance.

The Veteran's PTSD is rated at 70 percent, which is the maximum schedular rating. The appeal for a higher rating is denied.,The Veteran's tension headaches are currently rated at 50 percent, and no higher rating is warranted under the current criteria.,The Veteran's TBI residuals with vertigo are currently rated at 10 percent. A remand is required to determine if a higher rating could be assigned based on the severity of the vertigo.