Traumatic brain injury (TBI) Board decisions

The Board has remanded the case due to a need for a new VA examination by an examiner qualified in TBI assessments, as the previous October 2013 VA examiner was not considered qualified.

The Board has determined that the Veteran's claims for service connection for bilateral shoulder disability, neck disability, and traumatic brain injury are denied. The claim for service connection for bilateral hip disability is remanded due to insufficient evidence.

The Veteran's claims for service connection for frostbite residuals to the right and left hands, as well as a higher rating for median and ulnar neuropathy of the left upper extremity prior to February 15, 2017, were denied. The Veteran was granted an initial 40 percent rating for his left hand condition prior to that date.

The Veteran's TBI residuals are rated at 100 percent, and the issue of entitlement to total disability rating based on individual unemployability due to service-connected disabilities is moot.

The Board denied the Veteran's appeal as his substantive appeals were not timely filed, and thus the case was closed.

The Veteran's hypertension is denied as there is no evidence showing it began during service or is related to an in-service injury.,The Veteran's residuals of a traumatic brain injury with memory loss are denied due to lack of evidence of such condition.,The Veteran's diabetes mellitus, type II with erectile dysfunction is rated at 20 percent and the claim for higher ratings remains pending.,The Veteran's peripheral neuropathy of the left upper extremity is not entitled to a rating in excess of 30 percent.,The Veteran's peripheral neuropathy of the right upper extremity is not entitled to a rating in excess of 30 percent.,The Veteran's peripheral neuropathy of the right lower extremity, sciatic nerve is not entitled to a rating in excess of 20 percent.,The Veteran's peripheral neuropathy of the left lower extremity, femoral nerve is not entitled to a rating in excess of 20 percent.,The Veteran's peripheral neuropathy of the left lower extremity, sciatic nerve is not entitled to a rating in excess of 10 percent.

The Veteran's vertigo associated with TBI is rated at 30 percent, and the issue of entitlement to an initial rating in excess of 10 percent for headaches associated with TBI remains pending.,The Veteran's headaches are currently rated as noncompensable (zero percent disabling) prior to September 21, 2016, and 30 percent thereafter. The issue of entitlement to a compensable evaluation from September 21, 2016 is pending.,The issues of entitlement to evaluations in excess of 10 percent for left ankle sprain and right ankle sprain are remanded.,The issue of entitlement to a compensable evaluation for paresthesia of the left side of the face associated with TBI remains pending.,The issue of entitlement to a compensable evaluation for TBI with post-concussive syndrome and visual impairment is also pending.

The Board has remanded the claims for PTSD, hearing loss, TBI, and individual unemployability due to the addition of relevant evidence after the transfer of the case to the Board.

The Veteran's claims for service connection have been denied as new and material evidence has not been received to reopen the previously denied claims.

The Veteran's appeal for a total rating based on individual unemployability (TDIU) due to her service-connected headache disability is remanded. The Board acknowledges the Veteran's service-connected disabilities but finds that they do not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a). However, referral to the Director, Compensation Service, for consideration of an extraschedular TDIU on account of her service-connected headache disability is warranted.

The Veteran's service connection claim for Traumatic Brain Injury is granted. The initial compensable evaluation claim for Migraine Headaches is remanded.

The Veteran's service-connected traumatic brain injury residuals are rated at 50 percent since October 26, 2012. The initial compensable rating prior to that date is denied.

The Board has decided to remand the case due to inconsistencies in the medical opinions regarding the Veteran's TBI and cognitive issues. The VA needs to obtain additional records, schedule a new examination, and provide an opinion on whether the Veteran's TBI symptoms can be distinguished from his mental health conditions.

The Board has denied service connection for residuals of a traumatic brain injury and remanded the issues of service connection for peripheral vestibular disorder, tension headaches and migraines, and memory loss. The appeal is being remanded to determine if these conditions are related to exposure to contaminated water at Camp Lejeune.

The Veteran's service connection claim for residuals of a traumatic brain injury (TBI) is granted as the evidence shows he suffered a TBI during his deployment in Iraq and has consequent residuals, including headaches, memory issues, sleep disturbances, and changes in mood.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of chronic hearing loss during or within one year after service.,The Veteran's claim for TBI is denied as the VA examiner found no relationship between his current complaints and events experienced in service.

The Veteran's service-connected disabilities have not been shown to warrant a rating in excess of 30 percent for residuals of frostbite with degenerative changes of the left and right lower extremities.

The Board has decided to remand the case due to the need for a VA examination regarding the Veteran's claimed TBI. The examiner is asked to determine if there are any chronic residuals related to his service.

The Veteran's claim for service connection for a left foot disability, including residuals of frostbite, is being remanded due to the need for an examination and review of additional VA treatment records.

The Veteran's PTSD symptoms cause moderate occupational and social impairment, but do not meet the criteria for a higher rating.,The Veteran has been diagnosed with hemochromatosis, which may be related to his service-connected liver injury. Additional medical records are needed to determine if this condition is service connected.