Traumatic brain injury (TBI) Board decisions

The Board denied the Veteran's claim for an earlier effective date for the grant of service connection for Traumatic Brain Injury (TBI), claimed as cerebral contusion, finding no clear and unmistakable error in the April 1985 rating decision.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities, including PTSD, migraine headaches (secondary to traumatic brain injury), status-post fracture of the right thumb, and tinnitus.

The Board has decided to remand the case due to incomplete records and a need for further examination. The Veteran's TBI is being reviewed, but no new rating or effective date will be assigned at this time.

The Board has decided to remand the claims for further examination and opinion regarding TBI residuals, including cognitive disorder, headaches, and diplopia. The examiner is asked to assess the current severity of these conditions and determine if neck and back pain are related to or a residual of any service-connected disabilities.

The Veteran's claims for increased ratings and effective dates have been remanded due to the need for additional medical examinations.,Service connection claims for chronic diarrhea, a respiratory condition, hearing loss, bilateral shoulder pain, bilateral ankle pain, bilateral knee pain, and lower back pain are also remanded.

The Board has remanded the claims for a rating in excess of 20 percent for degenerative spondylitis and disc disease L5/S1, an initial compensable rating for vascular headaches, and an initial rating in excess of 10 percent for residuals of traumatic brain injury (TBI). The eligibility to Dependents’ Educational Assistance (DEA) benefits is also remanded.

The Veteran's migraines are granted a 10 percent rating from March 19, 2015 to May 19, 2017. A higher rating is denied. The claim for separate ratings for PTSD and TBI is denied. The combined rating for PTSD with TBI remains at 70 percent.

The Veteran's appeal for an increased rating for vertigo remains pending. The Board has remanded the claims of higher ratings for PTSD with TBI, bilateral hearing loss, and left foot pes planus.,Further development is needed to obtain VA treatment records from the Coatesville VAMC, reschedule a VA audiological examination, and conduct a comprehensive VA examination to assess the severity of the Veteran's service-connected left foot disorder.

The Veteran's PTSD is rated at 70 percent, effective from the date of the decision. The Veteran's TBI remains noncompensable.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to determine if the Veteran's acquired psychiatric disorder is secondary to his service-connected conditions. The issues of increased rating for posttraumatic headaches prior to December 11, 2017, and entitlement to TBI compensation are also remanded.

Service connection for headaches and residuals of TBI other than headaches is granted. Effective dates prior to November 20, 2014 are denied for service connection for bilateral hearing loss and tinnitus, and effective date prior to September 11, 2014 is denied for a 100% rating for PTSD.

The Board denied the Veteran's claim for Special Monthly Compensation (SMC) based on the need for aid and attendance due to service-connected disabilities, as there is no evidence that he requires regular aid and assistance from another person.

The Board has determined that the Veteran's residuals of a traumatic brain injury (TBI), including headaches, migraines, balance impairment, and memory loss, are related to his in-service exposure to an improvised explosive device (IED) blast. As such, service connection for these conditions is granted.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and an increased rating for her minor concussive syndrome, TBI. The Board found that there was no evidence linking these conditions to service or service-connected disabilities.

The Veteran's claims for earlier effective dates for service connection of TBI, lumbar spine disability, radiculopathy of the right lower extremity, and PTSD are denied.,The Veteran's claims for increased ratings for TBI and PTSD are remanded for further development including VA examinations.,The Veteran's claim for an earlier effective date for service connection of migraines associated with a TBI is also remanded.

The Board denied an earlier effective date for the award of service connection for PTSD with TBI, finding that December 9, 2014 is the earliest legally possible effective date as it was the date of receipt of the claim.

The Veteran's claim for service connection for residuals of concussion/traumatic brain injury is granted. The Board finds that the evidence supports a finding that the Veteran has residual symptoms from his in-service concussion/TBI, including headaches and dizziness.,The Veteran's claim for service connection for chronic sinusitis is remanded due to incomplete records. The Board notes that it is unclear whether the Veteran’s reported symptoms are related to his service-connected rhino-septoplasty or a separate disability.

The Veteran's claim for an increased disability rating for a scar from laceration, left lower scalp was dismissed as the Veteran withdrew his appeal. The remaining issues of service connection and increased ratings were remanded.

The Board has determined that the Veteran does not have a current Traumatic Brain Injury (TBI) or its residuals, and therefore service connection for these conditions is denied.

The Board denied the Veteran's claims for service connection for residuals of herpes and traumatic brain injury, finding no credible evidence that either condition manifested during service.