Traumatic brain injury (TBI) decisions — 2019

The Veteran's petition to reopen the previously denied claim for restricted lung disease (COPD and bronchial asthma) has been withdrawn. The issues of service connection for traumatic brain injury, left knee degenerative joint disease, tinnitus, left lower extremity radiculopathy of the sciatic nerve, right lower extremity radiculopathy of the sciatic nerve, and migraine headaches have all been granted.,The Veteran's petition to reopen the previously denied claim for left knee degenerative joint disease has been granted. The issues of service connection for traumatic brain injury, tinnitus, left lower extremity radiculopathy of the sciatic nerve, right lower extremity radiculopathy of the sciatic nerve, and migraine headaches have all been remanded.

The Board has determined that the Veteran's TBI residuals do not meet the criteria for service connection due to insufficient evidence of significant cranial or neurological pathology consistent with a TBI.

The Board dismissed all issues on appeal due to the Veteran's withdrawal of his appeal.

The Board has denied a higher rating for the Veteran's right shoulder strain and has remanded issues regarding his right hand arthritis and residuals of TBI.

The Board has remanded the cases for further development and an addendum opinion regarding service connection for Traumatic Brain Injury. The issues of service connection for Sleep Apnea are also inextricably intertwined with the TBI case.

The Veteran's petition to reopen his claim of entitlement to service connection for hearing loss is dismissed. His petition to reopen his claim of entitlement to service connection for residuals of a traumatic brain injury (TBI) is granted, and the claim is granted. The Veteran’s petition to reopen his claim of entitlement to service connection for an acquired psychiatric disorder is denied. The Veteran's petition to reopen his claim of entitlement to service connection for tinnitus is granted.

The Board has determined that additional development is needed before the claims for service connection for bilateral hearing loss, frostbite residuals of the hands, and right shoulder disability can be adjudicated.

The Board has determined that further development is necessary before a decision on the merits may be made regarding the issues of entitlement to higher initial ratings for PTSD, TBI, and an increased rating for left wrist disability. The Veteran was last provided a VA examination relating to his PTSD in April 2010, over nine years ago, relating to his TBI in June 2010, over nine years ago, and relating to his left wrist in March 2013, or six years ago. During the August 2019 Board hearing, the Veteran testified that his service-connected PTSD, TBI, and left wrist disability have increased in severity. In light of the Veteran’s assertions, new VA examinations are required so that the current nature and severity of the Veteran's service-connected disabilities may be determined.

The Veteran's service connection claim for residuals of a traumatic brain injury is granted. The claims for increased ratings for degenerative joint disease of the bilateral knees are remanded.

The Board has determined that the Veteran's claims for service connection are remanded due to duty-to-assist errors and conflicting medical opinions. The issues of residuals of frostbite, tension headaches, and blindness of the left eye (as secondary to tension headaches) will be addressed again with new evidence and examination.

The rating reduction for the Veteran's residuals of TBI from 40 percent to 0 percent, effective November 22, 2010 was proper due to a clear and unmistakable error in the February 2019 rating decision.

The Veteran's claims for service connection have been granted, and the Board has remanded the cases due to insufficient evidence.

The Veteran's PTSD with TBI did not result in total occupational and social impairment prior to June 19, 2019. The evidence showed that he maintained a girlfriend for several years and had relationships with his family members.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claimed TBI and its residuals. The Veteran needs a new VA examination to determine if his current disabilities are related to his in-service trauma.

The Veteran's disability rating for TBI was reduced from 40% to 10%, but the Board found that improvement had not been demonstrated and restored the original 40% rating.

The Veteran's appeals for service connection for diabetes mellitus, weight gain, and chronic lumbosacral pain have been dismissed.,New and material evidence has been received to reopen the previously denied claim of entitlement to service connection for a traumatic brain injury (TBI).

The Board has denied service connection for residuals of a traumatic brain injury and remanded the issue of service connection for headaches, attributing them to service-connected PTSD.

The Veteran's claims for service connection for frostbite of the bilateral feet and cold injury residuals of the bilateral hands have been granted. The evidence received since the final July 2011 rating decision related to an unestablished fact necessary to substantiate these claims, raising a reasonable possibility of substantiating them.

The Veteran's claim for service connection for PTSD, bilateral hearing loss disability, and tinnitus was granted. Claims for fibromyalgia, CFS, respiratory disorder, gastrointestinal disorder, skin disorder, lumbosacral strain, and TBI were denied or remanded.

The Veteran withdrew his appeal for service connection of TBI, and the Board dismissed the claim.