Traumatic brain injury (TBI) decisions — 2018

The Veteran's appeal is denied as the reduction of his disability rating for TBI from 40 percent to non-compensable was not proper, and the 40 percent rating is restored. The Veteran's acquired psychiatric disorders, seizure disorder with narcolepsy (as a residual of TBI), left upper extremity weakness, left lower extremity weakness, left hip disability as a residual of TBI, visual field defects due to status post craniotomy for subdural hematoma, and post-concussive headaches and localized neuritic head pain associated with TBI are all rated based on their individual merits.

The Veteran's bilateral hearing loss is granted as service connected. The Board has remanded the cases for further examination and opinion regarding right shoulder disability, TBI, right leg disability, and acquired psychiatric disability (PTSD).

The Veteran's right ankle fracture, right upper extremity carpal tunnel syndrome, left upper extremity carpal tunnel syndrome, and sleep disorder/insomnia and cognitive disorder due to a traumatic brain injury are all remanded for further development.,A total disability rating based on individual unemployability due to service connected disabilities (TDIU) is also remanded.

The Veteran's TBI residuals are rated at 70 percent prior to July 22, 2013.

The Veteran withdrew his appeal for service connection for traumatic brain injury and its residuals.

Your initial rating for your lumbar spine disability has been set at 20 percent, and the appeal to increase it further or to get a TDIU is dismissed.

The Board has decided that the Veteran's claims of service connection for dizziness, headaches, and hypertension secondary to TBI should be remanded due to lack of substantial efforts by the RO in scheduling an examination. The Veteran is currently incarcerated and special duty to assist requirements must be followed.

The Board has remanded the Veteran's claims for a thoracolumbar spine disability and traumatic brain injury due to insufficient medical opinions regarding service connection. The Veteran is required to undergo additional examinations to determine if his conditions are related to service.

The Veteran's claim to reopen service connection for PTSD has been granted. The issues of service connection for depression and PTSD, TBI, post-operative chondromalacia of the right knee, varus and valgus laxity of the right knee, low back strain, and entitlement to a total disability rating based on individual unemployability (TDIU) are remanded.

The Veteran's initial compensable disability ratings for service-connected Traumatic Brain Injury (TBI) and Migraine Headaches are being remanded due to inadequate examination, as the VA examination was conducted by an attending physician rather than a specialist. The Veteran must be provided with a new examination by a qualified specialist to determine the current severity of his disabilities.

The Board has reopened the Veteran's claim of service connection for TBI and Vestibular Condition, previously claimed as head injury. The case is remanded to obtain updated VA treatment records and a new examination to determine if the current disability is related to military service.

The Veteran's appeals for service connection for various conditions have been dismissed. The appeal for urinary frequency has been reopened and granted, with an initial 50% disability rating for PTSD prior to October 16, 2014, and a higher rating thereafter.

The Board has granted service connection for residuals of traumatic brain injury and headaches, finding that the Veteran's conditions are related to his active service. The appeals regarding initial ratings for left clavicle fracture, right knee patellofemoral syndrome, and left knee patellofemoral syndrome have been remanded.

The Board denied the Veteran's claims of service connection for various conditions, including tinnitus, low back disability, otitis media, left ear pain, TBI, neurologic complications (panic attacks and night sweats), and nervous disability. The evidence did not establish a current disability or link to service.

The Veteran's appeals for service connection for back, cervical spine, bilateral knee, gout and hypertension have been dismissed as the Veteran withdrew his appeals during a June 2016 Board hearing.

The Veteran's appeal to reopen a claim of service connection for bilateral hearing loss is denied. Service connection for TBI is denied. The Board has remanded the remaining issues due to insufficient medical opinions and missing records.

The Board has remanded the case for further development and consideration, including a new VA examination to determine the current nature and severity of the Veteran's service-connected PTSD with depression and TBI with vertigo. The issues on appeal include the propriety of combining the ratings for these conditions and the Veteran's claim for a total disability rating based on individual unemployability.

The Board has decided to remand the Veteran's claim for an increased rating for TBI with metal plate, headaches, and memory impairment due to new evidence added to the claims file.

The Board has remanded the issues of entitlement to service connection for obstructive sleep apnea and increased evaluations for posttraumatic headaches due to conflicting evidence regarding their causes.

The appeal to reopen a claim of service connection for residuals of frostbite is granted. The Veteran's claim for service connection for depression is remanded.