Traumatic brain injury (TBI) Board decisions

The Board has granted service connection for Traumatic Brain Injury (TBI) and Headaches, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's active duty service.

The Board denied service connection for degenerative disc disease, C5-C6 (neck disorder) and residuals of traumatic brain injury due to lack of evidence showing a relationship between these conditions and active duty training or service.,The Board also denied special monthly compensation based on the need for regular aid and attendance and/or due to housebound status as the appellant does not have any service-connected disabilities.

The Board denied the Veteran's claim for service connection for a Traumatic Brain Injury (TBI) as there is no current evidence of a TBI or its residuals.

The Veteran's initial claim for a scar of the head was denied as his single scar did not meet the criteria for a compensable rating.,Service connection for residuals of TBI and right knee condition were both denied due to lack of evidence showing an in-service injury or illness. Service connection for left knee condition, migraine headaches, and pulmonary condition were also denied.

The Board has remanded the claims for a TBI and head scar, right orbit, to ensure compliance with the August 2019 remand directive. The AOJ must obtain an adequate VA medical opinion regarding the nature and etiology of any diagnosed TBI and head scar.

The Veteran's appeal for a rating in excess of 40 percent for TBI has been dismissed due to the death of the Veteran and his opting into the new appeals system.

The Veteran's petition to reopen the previously denied claims for entitlement to service connection for a right shoulder disability, low back disability, left ankle disability, bilateral hip disabilities, and bilateral leg disabilities were granted. A rating of 10 percent was assigned for left knee chondromalacia from February 28, 2010.

The Board has dismissed all claims related to service connection for heart condition and hearing loss, as well as initial disability ratings and effective dates for unspecified trauma and stressor-related disorder and frostbite residuals of the Veteran's bilateral upper and lower extremities.

The Veteran's rosacea is rated at 10% and remanded for further development. The service connection claims for head injury, seizure disability, and cognitive disability are also remanded.

The Veteran's claims for increased evaluations of PTSD and TBI, as well as the award of TDIU were denied. The effective dates for these decisions are not earlier than March 17, 2016.,An effective date prior to March 17, 2016 was also denied for the Veteran's TDIU claim.

The Board denied service connection for Traumatic Brain Injury due to lack of evidence showing a TBI during service.,The Board also denied compensation under 38 U.S.C. § 1151 for Right Kidney Nephrectomy, finding no fault on the part of VA in treatment.

The Veteran's service-connected residuals of traumatic brain injury with unspecified anxiety disorder are rated at 70 percent, which is the maximum rating available under Diagnostic Code 8045. The appeal for a higher rating has been denied.

The Veteran's claim for service connection for tinnitus has been reopened and granted. The effective date of service connection for TBI prior to April 27, 2017 is denied. The effective date of service connection for a scar, residual of TBI, prior to April 27, 2017 is also denied. The Veteran's initial rating in excess of 10 percent for TBI and an initial compensable rating for the scar, residual of TBI, are remanded.

The Board denied the Veteran's claims of service connection for bilateral hearing loss disability, tinnitus, residuals of TBI, and acquired psychiatric disorder, to include PTSD. The reasons given were that there was no evidence of delayed onset hearing loss or other conditions related to service.

The Board has decided to remand the Veteran's claim for a traumatic brain injury and headaches due to insufficient evidence in the record, particularly from service treatment records.

The Board has vacated its previous decision and remanded the case for further review, including a remand on service connection for lumbar spine disability. The Veteran's PTSD is granted at a 70% rating, but other claims are pending.

The Veteran's TBI with PTSD is granted a total rating, and his left eye recurrent corneal erosions, painful motion of the left knee (patellofemoral pain syndrome), GERD, and degenerative arthritis of the thoracolumbar spine are all granted increased ratings. The Veteran’s tendon strain of the right fifth finger remains remanded.

The appeal for high cholesterol is dismissed. The Board has remanded the issues of hypertension, right hip disability, left hip disability, TBI residuals, seizure disability, and thoracolumbar spine degenerative disc disease.

The Veteran's claim for service connection for chronic sinusitis with headaches, PUD, appendectomy scar, frostbite residuals of the right foot, and PN of the bilateral feet has been reopened. Effective May 13, 2010, service connection was granted for left foot PN. An effective date prior to April 18, 2011, is denied for all other issues.,Right foot conditions, including hallux valgus and plantar fibroma status post fascial injury, are remanded for clarification of their etiology.

The Veteran is granted a separate 50% rating for migraine headaches from October 23, 2008 to March 15, 2012. He is also granted a TDIU and SMC based on the regular need for aid and attendance since April 17, 2009.