Traumatic brain injury (TBI) decisions — 2018

The Veteran's appeals for left ankle, left foot, and frostbite residuals of the bilateral feet conditions have been dismissed. The Board has also remanded cases involving back condition, left knee condition, right ankle condition, and right foot condition (claimed as degenerative joint disease).

The Board has remanded the Veteran's claims for service connection due to new evidence being added to his case file.

The Veteran's TDIU claim is granted as his service-connected disabilities meet the schedular criteria for assignment of a TDIU.

The Veteran's claims for service connection have been reopened, but the Board has decided to remand them due to the need for additional examinations and records.

The Veteran's claim for service connection for residuals of TBI has been reopened due to the submission of new and material evidence. The case is now remanded for further examination and clarification.

The Veteran's claims for service connection for hearing loss and increased evaluations for cervical strain with cervical disc degeneration, postconcussive headaches (residual of traumatic brain injury), TBI, right shoulder grade II AC separation, and PTSD have been denied. The Veteran is not entitled to an increased evaluation for his service-connected cervical strain with cervical disc degeneration or a higher initial evaluation for his service-connected postconcussive headaches (residual of traumatic brain injury).,The Veteran's claims for earlier effective dates for right shoulder grade II AC separation, PTSD, and TBI have been remanded. The Veteran is also entitled to an increased evaluation for his service-connected PTSD.

The Board denied service connection for various conditions, including left knee OSD and arthritis, DM (diabetes mellitus), sleep apnea, high blood pressure/HTN, left hand contusion residuals, frostbite of the right foot, frostbite of the left foot, neuropathy of the feet, IBS (irritable bowel syndrome), and chronic headaches. The Board found that these conditions were not incurred or aggravated by service.,The decision also noted that some conditions may be related to pre-existing conditions or other factors.

The Veteran's claim for service connection for a groin muscle injury was denied in the past, but new evidence has reopened this claim.,Service connection is granted for headaches. The Veteran reported head injuries sustained during boxing and football while serving.

The Veteran's service connection claims for TBI residuals, testicular disability, and total disability rating due to individual unemployability are being remanded for additional development.

The Board has remanded the Veteran's claims for a compensable rating for bilateral hearing loss prior to January 24, 2014 and 10 percent on and thereafter; an increased rating for residuals of TBI; and entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected disabilities, including traumatic brain injury, tension headaches, coronary artery disease, diabetes mellitus type II, vascular dementia, and peripheral neuropathy of bilateral upper and lower extremities, render him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU based on these combined disabilities.

The Veteran's claims for heart disability, hepatitis, kidney disability, and TBI were denied. Service connection for schizophrenia was granted with a 30 percent rating effective March 17, 2006.

The Veteran's TBI, depressive disorder NOS, and PTSD are currently rated at 40 percent. The appeal is denied as the symptoms do not warrant a higher rating.

The Board denied service connection for residuals of traumatic brain injury (TBI) and granted TDIU based on the Veteran's service-connected disabilities.

The Veteran's claims of service connection for various conditions have been denied as the new evidence received does not raise a reasonable possibility of substantiating the claims, and there is no clear and unmistakable evidence to rebut the presumption of soundness for pre-existing disorders.

The Veteran's cervical degenerative disc disease status post C6-C7 fusion with radiculopathy is granted as service-connected.,The Veteran's traumatic brain injury (TBI) is granted as service-connected.

The Veteran's claims for an earlier effective date for the award of a 40 percent rating for TBI and a TDIU are denied. The Board found that there was no legal basis to establish an earlier effective date for these awards, as they were based on service-connected conditions.

The Board has decided to remand the case due to the need for a VA examination regarding the Veteran's claims of frostbite residuals.

The Board has denied the Veteran's claims of service connection for left shoulder disability, bilateral knee disability, TBI, and pes planus due to lack of current diagnoses. The case is being remanded for further development.

The Board has remanded the issues of service connection for left and right lower extremity radiculopathy, as well as the issue of a higher initial rating for TBI. The Veteran is to be scheduled for an EMG examination.