Traumatic brain injury (TBI) decisions — 2018

The Board has granted service connection for the Veteran's cervical spine disability and remanded the issue of service connection for residuals from a traumatic brain injury.

The Board has remanded the case due to insufficient development and consideration of the evidence, including a recent VHA opinion. The Veteran's claim for service connection for sleep apnea as a residual of traumatic brain injury will be reconsidered.

The Board has determined that further development is needed for the Veteran's claims of service connection for bilateral ingrown toenails, PTSD, and increased ratings for TBI with anxiety disorder.

The Board has denied service connection for fibromyalgia, bilateral hearing loss, and tinnitus. The remaining claims are remanded for further development.

The Veteran's TDIU claim is remanded due to insufficient medical opinions regarding the impact of his service-connected disabilities on his employability. Additional evidence and a new examination are needed.

The Board has restored the Veteran's TBI rating from 10% to 70%, effective January 26, 2012, as there is no evidence of actual improvement in his condition that is reasonably certain to be maintained under ordinary life conditions.

The Board denied the Veteran's claims for effective dates prior to July 11, 2012 for service connection of PTSD with depressive disorder and migraine and post-coital headaches associated with TBI. The decision stated that no claim was filed within one year of separation from active duty.

The Veteran's claims for service connection have been reopened, and the Board has determined that there is at least as likely as not a relationship between his TBI and groin injury residuals and his active duty service. The Veteran's stomach disorder and acquired psychiatric disorder are also found to be related to his service. However, the issues of entitlement to a rating in excess of 10% for wrist disorder and TDIU remain pending.

The Board has reopened the Veteran's claims of service connection for recurrent headaches, frostbite, arthritis, and a neurological disability. The new evidence submitted by the Veteran relates to an unestablished element of these claims and raises a reasonable possibility of substantiating them.

The Board has remanded the case due to insufficient examination and lack of medical documentation showing a cold injury during service.

The Board denied the Veteran's claims for earlier effective dates and increased ratings, finding that the preponderance of evidence did not support such determinations.

The Veteran's TBI claim is being remanded for a new VA examination, as initial TBI examinations were not conducted by the required specialists. The TDIU claim remains pending.

The Veteran's service-connected PTSD and TBI have rendered him unable to secure or follow substantially gainful employment, warranting a total disability rating based on individual unemployability.

The Veteran's claims for service connection for TBI, headaches, and dizziness are being remanded due to the need for additional development of his medical records and examination.

The Board has remanded the Veteran's claims for traumatic brain injury, seizures as secondary to traumatic brain injury, and an acquired psychiatric disorder (variously diagnosed as alcohol abuse, anxiety, and depression, to include posttraumatic stress disorder) due to incomplete development of evidence and need for further medical examination.

The Board has remanded the claims for additional development due to lack of substantial compliance with prior remand directives. The Veteran seeks service connection for an acquired psychiatric disorder, including as secondary to his service-connected TBI. He also seeks a higher rating for his cervical spine strain.

The Board denied the Veteran's claim for service connection for residuals of a traumatic brain injury as there is no current diagnosis and the evidence does not support an in-service injury or disease.

The Board denied service connection for bilateral hearing loss due to lack of evidence showing a nexus between the Veteran's in-service noise exposure and his current hearing loss. The claim for an initial rating in excess of 10 percent for traumatic brain injury was remanded as there were no recent VA treatment records available.

The Board denied service connection for residuals of traumatic brain injury, finding that the Veteran's injuries were not caused by an in-service head injury and that the October 1983 head injury was a result of willful misconduct.

The Board has decided to remand the case due to insufficient evidence regarding whether any disability associated with the Veteran's claimed TBI is etiologically related to his active service. The Veteran claims he incurred two separate TBIs during active service and has reported symptoms since then.