Traumatic brain injury (TBI) Board decisions

The Veteran's left ear hearing loss is granted as service-connected, but his right ear hearing loss and TBI are denied.

The Board has determined that the Veteran's claims for service connection for vertigo, Meniere’s disease, traumatic brain injury (shrapnel in brain, right side), and degenerative disc disease of the lumbar spine with right lower extremity radiculopathy should be remanded due to incomplete development. Specifically, there is a need to obtain VA treatment records from 2016 onwards, as well as VA treatment records from the early 1970s at a VA medical facility in New York City. Additionally, an examination is needed to determine if the Veteran's lumbar spine condition is related to service, and a copy of the Statement of the Case (SOC) issued in December 2016 should be obtained.

Service connection is granted for an acquired psychiatric disability, including delusional disorder. Service connection is denied for traumatic brain injury and/or residuals of TBI, seizure disorder, blurred vision, joint pain, muscle pain, peripheral neuropathy, fatigue, memory loss, and weight loss.

The Veteran's claims for service connection for chronic urticaria and residuals of a right orbital bone fracture have been reopened due to the submission of new and material evidence. However, these claims remain denied as there is no established link between the conditions and service.,Claims for migraine headaches and rhinitis (secondary to service-connected fracture of the nose) are also denied.

The Veteran's cervical spine disorder is rated at 10 percent, but no more. The lumbar strain and bilateral knee disorders are each rated at 10 percent.,PTSD was granted a 70 percent rating prior to January 31, 2014, with the possibility of an increased rating from that date onwards.

The Veteran's claims of service connection for various psychiatric, hearing, back, hypertension, migraine headaches, tinnitus, shoulder, frostbite, circulatory problems, lymphadenopathy and TBI disorders have been reopened. However, the claims remain denied as there is no evidence to support a link between these conditions and his military service.

The Veteran's service-connected right knee disability has been productive of pain on motion during the appeal period, warranting a 10 percent disability rating. The Veteran's service-connected TBI also requires further examination to determine its current severity.

The Board has determined that the Veteran's TBI is at least as likely as not related to his military service, and therefore grants service connection for TBI.

The Board has determined that a new VA examination is needed to assess the severity of the Veteran's TBI, and also finds that the issue of entitlement to a total disability rating based on individual unemployability (TDIU) prior to January 24, 2014 is inextricably intertwined with the TBI increased rating claim. The case is being remanded for these purposes.

The Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) to include headaches, dizziness, and acquired psychiatric disorders was granted. The Board also remanded the issues regarding whether new and material evidence has been received to reopen claims for entitlement to service connection for a disability of the eyes and hypertension, as well as the issue of entitlement to total disability rating based on individual unemployability (TDIU).

The Veteran's tinnitus is currently rated at 10 percent, which is the maximum rating allowed under Diagnostic Code 6260.,Sleep apnea requires a CPAP machine but does not meet the criteria for a higher than 50 percent rating as there are no symptoms warranting such a high level of disability.

The Veteran's service-connected disabilities, including traumatic brain injury with memory loss and dizziness, obstructive sleep apnea, migraine headaches, nasal fracture residuals, and scar from nasal surgery, have rendered him unemployable. The Board finds that the criteria for TDIU have been met.

The Veteran's service connection claim for PTSD is remanded due to conflicting evidence regarding the diagnosis and a need for updated treatment records.

The Veteran's PTSD and TBI symptoms were rated at a collective 50% from July 2014 to October 2014, but the Board found that his symptoms did not warrant a higher rating.

The Board has determined that the Veteran's service connection claims for bilateral hip condition, left knee condition, right ankle condition, and left ankle condition are remanded due to insufficient evidence. The hearing loss claim is denied.

The Board has withdrawn the claim of service connection for traumatic brain injury. The Veteran's bilateral pes planus is granted as a current disability that began during active service. Service connection for an acquired psychiatric disorder, including PTSD, is remanded due to insufficient evidence to corroborate claimed stressors.

The Veteran's service connection claims for residuals of traumatic brain injury and cognitive disorder are being remanded due to insufficient evidence linking these conditions to his military service.,His claim for increased rating in excess of 30 percent for generalized anxiety disorder is also being remanded.

The Board has granted service connection for residuals of TBI, Parkinson's disease as secondary to TBI, tremors of the left hand and right hand as secondary to Parkinson's disease, and blurred vision as secondary to Parkinson's disease.

The Veteran's claims for service connection for migraine headaches, residuals of a traumatic brain injury, unprovoked seizures secondary to service-connected residuals of a traumatic brain injury, and fibromyalgia have all been granted. An increased rating of 70 percent has also been awarded for PTSD.

The Board has remanded the cases for further development and examination to determine if the Veteran's frostbite residuals are related to his service.