Traumatic brain injury (TBI) Board decisions

The Veteran's claims for initial ratings on several service-connected conditions are being remanded due to the need for additional medical examinations.

The Veteran's TBI and diplopia were granted ratings, with the effective date for the increased rating of TBI being December 26, 2012. The Veteran was also granted a total disability rating due to service-connected disabilities.

The Board has restored a 30 percent rating for the Veteran's head scar, finding that there was no material improvement in his condition and that the reduction was improper.,The Veteran's migraines are rated at 30%, with very frequent but not completely prostrating attacks. The Board found this to be insufficient for a higher rating.,A new VA examination is required for the left knee condition due to inadequate previous examinations, as per Correia v. McDonald (2016).,The Veteran's PTSD and TBI are rated at 50%, with very frequent but not completely prostrating attacks. The Board found this to be insufficient for a higher rating.

The Veteran's appeals for service connection for traumatic brain injury, cataracts, dental disability, thoracolumbar spine disability, cervical spine disability, hearing loss, right leg/thigh disability, left leg disability, left hip disability, left knee disability, and removal of the right ovary have been dismissed.,The Veteran's appeal to reopen her claim for service connection for a psychiatric disorder (including PTSD) has been granted.

The Veteran's claim for service connection of a traumatic brain injury (TBI) was granted with an effective date of July 25, 2008. The Board found that the earliest possible effective date according to VA regulations is the date VA received a claim that could reasonably be construed as seeking benefits, which in this case is July 25, 2008.

The Veteran's TBI, migraine condition, and temporomandibular joint dysfunction are granted service connection. The lower extremity neurologic impairment issue is remanded for further examination.

The rating reduction for the Veteran's traumatic brain injury from 40 percent to 10 percent was improper, and the 40 percent rating is restored. The issues of service connection for peripheral neuropathy in both upper and lower extremities are remanded.

The Veteran's initial compensable rating for headaches is granted, and the cases of lumbosacral sprain, TBI, and PTSD are remanded due to worsening conditions.

The Board has remanded the Veteran's claims for service connection for a spinal disability and residuals of a head injury, including TBI residuals and headaches due to an in-service motor vehicle accident. The claims are pending further examination and opinion.

The Veteran's claim for an annual clothing allowance is remanded due to insufficient rationale in the denial and a need for further medical examination.

The Veteran withdrew his appeals regarding service connection for obstructive sleep apnea, traumatic brain injury, and migraine headaches.

The Veteran's claims for service connection have been remanded due to the need for additional examinations and evaluations.,An effective date earlier than July 1, 2014 for TBI and June 9, 2014 for tinnitus cannot be granted as there are no prior unadjudicated formal or informal claims.

The Board denied service connection for an acquired psychiatric disorder, traumatic brain injury, vertigo, cervical spine disability, diabetes mellitus, and peripheral neuropathy. The reasons given include the lack of credible evidence linking these conditions to service.,Service records do not show any incidents or diagnoses related to the claimed disabilities.

The Veteran's TBI is rated at 70 percent, but not higher, prior to July 16, 2018. From July 16, 2018, the Veteran's PTSD is rated at 70 percent.

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of clear evidence to rebut the presumption of regularity that applies to VA's date-stamping of incoming mail, and thus, the earliest possible effective date is June 1, 2011.

The Board has remanded the cases for further development and examination to determine the current severity of service-connected PTSD, TBI, left wrist condition, left knee condition, and sleep apnea. The Veteran's claims for increased evaluations are also being remanded.

The Board has decided to remand the cases for additional development due to lack of substantial compliance with prior remand orders, including scheduling VA examinations.

The Board has remanded the claims of service connection for TBI, left hand disability, left eye disability, right shoulder disability, headaches, and PTSD due to lack of verification of in-service injuries. The claims will be further developed to attempt to verify these incidents.

The Veteran's TBI symptoms are not adequately addressed in his current 70% PTSD rating, and a new examination is needed to determine the appropriate rating for his TBI.

The Board has remanded several issues related to the Veteran's claims for service connection due to the need for additional medical examinations and consideration of outstanding VA treatment records.