Traumatic brain injury (TBI) Board decisions

The Board has remanded the claims of entitlement to an effective date prior to September 20, 2013 for the award of benefits for traumatic brain injury and headaches secondary to traumatic brain injury due to a pending claim of clear and unmistakable error regarding the effective date of service connection.

The Board has granted service connection for a laceration scar of the anterior neck. The right knee, TBI, and related issues are remanded due to insufficient evidence.

The Veteran's claim for a bilateral hearing loss disability was denied as there is no evidence of a current diagnosis under VA regulation.,Claims for increased ratings for cervical spine and lumbar spine disabilities were remanded due to insufficient medical evidence or lack of clear and unmistakable error (CUE).,Service connection claims for digestive disorder, joint pain, skin condition, traumatic brain injury, and right great toe bunionectomy residuals were also remanded.,The Veteran withdrew his claim for a disability rating in excess of 10 percent for tinnitus and for a compensable disability rating for scars (claimed as neck fusion surgical scar, bunionectomy scar).

The Veteran's claims of service connection for TBI and an increased rating for PTSD are being remanded due to the need for additional medical examinations and consideration of new evidence.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination. The Veteran's dizziness may be related to his obstructive sleep apnea, but more information is needed. His head injury from a car accident in service needs further evaluation.

The Veteran's claim for service connection for bilateral hearing loss has been reopened and granted.,Service connection is also granted for residuals of a traumatic brain injury, other than headaches.

The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.

The Veteran's claims for TBI and associated headaches, as well as his claim for a total disability rating based on individual unemployability due to service-connected disabilities, are being remanded for additional development. The Veteran needs to provide updated medical records and undergo a TBI examination.

The Veteran's claim for an increased rating of 30 percent, but no higher, for left knee chondromalacia with degenerative arthritis is granted. The Veteran is not entitled to a higher rating due to the presence of flare-ups during which he cannot use his knee at all.

The Veteran's appeal is remanded for further evaluation of his service-connected left ear hearing loss and TBI residuals, as well as the assignment of a total rating based upon individual unemployability due to service-connected disability. The current ratings for these conditions are denied.

The Board has remanded the case for additional examinations and opinions to determine the current severity of the Veteran's service-connected post traumatic encephalopathy and seizure disorder, as well as whether he is unemployable due to these conditions. The TDIU claim will be referred for extraschedular consideration if appropriate.

The Board has decided that the Veteran's service connection claims for various foot disabilities, including frostbite and fungus, need further examination due to incomplete medical records and exposure history.

The Veteran's death was caused by his service-connected frostbite residuals and other conditions, including a psychiatric disorder and cyanosis. The Board finds that the Veteran had these conditions due to his period of active service.

The claim for service connection for TBI was reopened and granted, while the claim for PTSD secondary to TBI was denied.

The Board has decided to remand the Veteran's claims for service connection due to insufficient medical opinions regarding the relationship between his claimed conditions and active duty service. The Veteran needs to be examined by a VA examiner for each of his six claimed disabilities.

The Veteran's appeal regarding an increased rating for PTSD has been dismissed because he did not file a notice of disagreement with the assigned disability rating.

The Board has decided to remand the case due to incomplete VA treatment records and missing Social Security Administration (SSA) records. The Veteran's claim for service connection for a traumatic brain injury with migraine headaches and vision complications will be reviewed again.

The Board denied service connection for TBI as there was no evidence of a diagnosed TBI in service and the Veteran's current symptoms are not related to his military service.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a TBI, but has granted reopening of the claim for an acquired psychiatric disorder, to include PTSD.,The Veteran's claims for both conditions are now pending on remand.

The Board has decided to remand the claims of service connection for residuals of concussion or traumatic brain injury (TBI), seizures, and right eye condition due to deficiencies in the examination reports. Additional opinions are needed from a VA physician regarding the etiology of these conditions.