Traumatic brain injury (TBI) decisions — 2018

The Veteran's claims for service connection for various conditions, including a low back disability, skin and respiratory disorders, TBI, anemia, GI issues, tinnitus, thyroid disorder, and hemorrhoids have been denied. The Board found the evidence did not support service connection for these conditions.

The Veteran's total disability rating was in effect for less than eight years prior to his death, and there was not clear and unmistakable error (CUE) in the assignment of the effective date for that 100 percent rating. Therefore, he is not entitled to an increased amount of DIC benefits under 38 U.S.C. § 1311(a)(2).

The Veteran's appeal does not involve any issues related to service connection, as he has not provided evidence of current disabilities for the conditions he is claiming.

The Board has reopened the claim for service connection for a low back disorder and granted it. The Veteran's sleep apnea is not service connected, but secondary to his service-connected GAD. Meningitis and sarcoidosis are not found to be related to service.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, tinnitus, COPD, obstructive sleep apnea, and frostbite residuals require additional development due to outstanding VA and private treatment records. The Veteran is also required to undergo VA examinations to determine the nature and etiology of his claimed disabilities.

The Board has decided to remand the case for further evaluation of the Veteran's competency due to his history of substance abuse and mental health issues, including a traumatic brain injury.

The Veteran's TBI residuals were rated at Level 1, resulting in a 10% disability rating. The Board found that the evidence did not support an increased rating or entitlement to a TDIU prior to September 18, 2012.

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

The Veteran's appeal for service connection for traumatic brain injury (TBI) was dismissed as the appellant withdrew his appeal at a hearing in February 2017.

The Veteran's claims for increased ratings for PTSD, migraine headaches, and TBI were denied. The evidence did not show that the Veteran's conditions warranted a higher rating at any point during the period on appeal.

The Veteran withdrew his appeal for service connection for a traumatic brain injury before the Board could make a decision.

The Veteran's claim for service connection for diabetes mellitus, type II was denied. The Board found that there is no evidence to support the contention that his diabetes began in or was caused by service.

The Veteran's service-connected residuals of TBI are not supported by the evidence, and his psychiatric disability is rated based on its severity.,Service connection for degenerative disc disease of thoracolumbar spine has been granted. The Veteran's cervical spine disability remains denied.,Left upper extremity radiculopathy was found to be at least moderate in severity since May 16, 2012.,Right upper extremity radiculopathy was rated as 20 percent disabling from April 8, 2015 to May 22, 2017 and 40 percent thereafter. The Veteran's right lower extremity radiculopathy is rated at 20 percent since May 22, 2017.,Left lower extremity radiculopathy was found to be at least moderately severe in severity throughout the relevant appeal period.,The Veteran's service-connected disabilities are considered disabling enough for a TDIU rating.

The Veteran's TBI residuals were rated at 40 percent prior to November 6, 2017. The RO increased the rating to 70 percent effective from November 6, 2017.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims, particularly regarding his bilateral foot condition and right index finger disabilities.

The Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.

The Board has determined that further development is needed to clarify the nature and etiology of the Veteran's claimed TBI/head injury residuals, including memory loss and sleep disorder. The case is therefore REMANDED for such development.

The Board has remanded the case to the AOJ for initial review of new evidence and further adjudication. The Veteran's claims for service connection on various conditions are pending.

The Board has determined that the Veteran does not have residuals of TBI or a low back disability related to service.,While the Veteran reported an in-service injury, there is no evidence of any current disabilities and the medical opinions are against a nexus between his current conditions and service.

The Board has determined that an effective date of December 2, 2012, but no earlier, is warranted for the assignment of a 30 percent evaluation for PTSD and TBI.