Traumatic brain injury (TBI) decisions — 2019

The Board denied service connection for residuals of a traumatic brain injury (TBI) or in-service head injury residuals, including memory loss and sleep disturbance.,The Board also denied service connection for obstructive sleep apnea (OSA), to include as secondary to service-connected disabilities.

The Veteran's tension headaches are rated at 50 percent, and he is granted a total disability rating based on individual unemployability due to his service-connected conditions.

The Veteran's claims for service connection for residuals of head trauma/TBI and C6-C7 extruded and herniated disc are denied.,The Veteran's claim for service connection for asthma is remanded due to the need for an addendum opinion.

The case is being remanded to schedule the Veteran for a VA examination to determine the current nature and severity of his service-connected TBI, including any acquired psychiatric disorder. The examiner will also provide opinions on whether these conditions are related to service.

The Board has remanded the cases for further development, including scheduling a VA examination and issuing a Supplemental Statement of the Case. The Veteran's claims for increased disability rating and TDIU are pending.

The Veteran's PTSD has been granted an increased initial evaluation of 70 percent, effective from March 13, 2015. A separate TBI evaluation is also granted. The claim for a total disability rating based on individual unemployability (TDIU) from March 13, 2015 forward is granted.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a dental condition, RA, and frostbite residuals to the face. The claims are now remanded for further development.

The Board has denied the Veteran's claims for service connection for frostbite residuals of both his right and left upper extremities due to a lack of current diagnosis.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining medical records and completing a VA examination.

The Veteran's claim for an increased evaluation for TBI residuals was denied as the evidence did not meet the criteria for a higher rating.,The appeal for an initial evaluation in excess of 50 percent for an acquired psychiatric disability, to include anxiety disorder, is dismissed because it has already been addressed and denied by the Board.

The Veteran's headaches, radiculopathy of the bilateral upper extremities, traumatic brain injury, lumbar spine disorder, cervical spine disorder, and radiculopathy of the bilateral lower extremities are all granted as service-connected.,Reasoning: The Board found that the Veteran experienced in-service falls and concussions which led to current disabilities. After resolving all doubt in favor of the Veteran, the Board determined these conditions are related to his military service.

The Board has granted service connection for residuals of a traumatic brain injury and sleep apnea, finding that the Veteran's current conditions are related to his military service.

The Veteran's service-connected residuals of frostbite and peripheral neuropathy to the lower extremities have been rated at 30 percent since November 8, 2017. The Board denied an increased rating as his symptoms do not meet or approximate the criteria for a higher rating under Diagnostic Code 7122.

The Veteran's TBI residuals were previously rated at 40 percent, effective June 29, 2012. The VA reduced this rating to 10 percent in August 2014 without following proper procedures. The Board has now reinstated the original 40 percent rating.

The Board has remanded three issues: service connection for neck pain, lower back pain, and the effective dates of service connection for frostbite residuals. Additional development is needed to obtain missing VA treatment records from the Veteran's Army National Guard service.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for acquired psychiatric disability and residuals of TBI. The cases are being remanded for further development.

The Veteran's claim for service connection for a seizure disorder is granted, while claims for PTSD, atrial fibrillation, lower back disorder, and TBI are denied.

The Veteran's appeal is remanded for further development including obtaining updated VA treatment records, requesting SSA disability records, and scheduling the Veteran for a VA examination to assess his service-connected syncope and TBI conditions as well as any psychiatric disorders. The issues of initial compensable ratings for syncope and TBI are also remanded.

The Board has determined that the Veteran does not have current diagnoses for any of the claimed conditions, and therefore service connection is denied.

The Veteran's applications to reopen claims for service connection for TBI with headaches and memory loss, and a back disability were denied. The Board found that the new evidence did not raise a reasonable possibility of substantiating the claims.