Traumatic brain injury (TBI) decisions — 2018

The Veteran's service-connected disabilities, including PTSD, TBI, left ankle injury, and pericarditis, prevent him from securing and following any substantially gainful employment. The Board finds that the preponderance of evidence indicates his disabilities make it impossible for him to engage in such employment.

The Board has remanded the claims of service connection for bilateral hearing loss, traumatic brain injury, and bilateral shoulder disability due to a lack of examination and opinion regarding their etiology.

The Veteran's appeal of the denial of service connection for sinusitis has been dismissed due to his withdrawal. The appeals for TBI, headaches, vertigo, pseudoseizures, sleep walking, and allergic rhinitis are remanded.

The Veteran's initial compensable rating claim for a scar associated with right knee degenerative joint disease was denied. The Board found that the evidence did not support a compensable rating under the applicable VA disability evaluation criteria. The service connection claim for residuals of traumatic brain injury is remanded due to inadequate examination.

The Veteran's appeal is about the initial compensable rating for fibromyalgia. The Board has decided to remand this issue due to new evidence and a need for a new VA examination.

The Board has reopened the Veteran's claims for service connection for left ear hearing loss and tinnitus due to new evidence submitted. The claim for residuals of traumatic brain injury is also remanded as it is inextricably intertwined with the other two issues.

The Veteran's TBI residuals and low back disability are both rated at 10 percent, with the decision denying any higher ratings.

The Board has denied service connection for a right knee disability. The Veteran's left foot condition, right foot condition, and right leg condition are remanded for further examination and opinion.

The Veteran's panic disorder with bipolar disorder has been granted a 100% schedular rating, and his entitlement to TDIU is dismissed. The issue of service connection for residuals of traumatic brain injury due to service-connected mental disorders is remanded.

The Veteran's claims for service connection of a back injury, right knee injury, forehead scar, jungle rot, and TBI are denied as there is no evidence of a current disability or in-service incident that could be linked to these conditions.,The Veteran's claim for service connection of an acquired psychiatric disability (depressive disorder) is granted. The Board finds the Veteran likely sustained a mild traumatic brain injury during service which contributed to his diagnosed depressive disorder.

The Board has determined that the Veteran does not have a current diagnosis of left leg shortening, ischemic heart disease, or traumatic brain injury. Therefore, service connection for these conditions is denied.,Service connection for ischemic heart disease cannot be granted as it is not shown to be related to active duty and there is no evidence of herbicide exposure.

The Veteran's service connection claims for Traumatic Brain Injury and Cervical Spine Condition are remanded due to the need for additional medical examination.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including evaluations for TBI and burns, as well as sleep apnea. The effective dates of service connection are also being reconsidered.

The Board has previously remanded this case to provide a VA examination for the Veteran's TBI. The Veteran failed to appear at the scheduled examination, and the RO is now required to arrange another one.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's Traumatic Brain Injury (TBI). The Veteran is asked to undergo a new VA examination to determine if his current TBI residuals are related to an in-service injury.

The Board has determined that a new VA examination is necessary to determine the presence and etiology of TBI, as well as any current hip disabilities. The Veteran's service records indicate he was struck by a grenade in March 1969, but his memory of this event is unclear. His recent testimony suggests he may have been unconscious after the incident. For hip disabilities, VA treatment records show bilateral hip pain and deficits in strength and motion limitations.

The Veteran's appeal for an initial rating in excess of 10 percent for TBI was dismissed.,The Veteran's appeal for a higher rating for migraines prior to April 2018 was denied, but he received a grant of a 50% rating for migraines from that date onwards.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claimed residuals of a traumatic brain injury incurred during service. The examiner is requested to review all relevant records, including service treatment records and VA treatment records, to determine if there is clear and unmistakable evidence that any preexisting seizure disorder was not aggravated by service.

The Veteran's claim of service connection for bilateral hearing loss is denied as he does not have a current disability.,Service connection for lumbar spine disability, emphysema, obstructive sleep apnea, and diabetes mellitus, type II are all denied. The Board finds that the evidence does not support a finding that these conditions were incurred in service or otherwise related to service.

The Veteran withdrew his appeals for service connection and rating for hypothyroidism, pituitary gland disability, and TBI residuals. The Board dismissed these claims as a result.