Traumatic brain injury (TBI) decisions — 2019

The Veteran's TBI disability is rated at 40 percent, effective April 8, 2019. The Board denied increased ratings for his TBI and service connection claims for right elbow, wrist, knee, and left knee conditions.

The Board has remanded several issues for further development, including a new VA examination to address the nature and etiology of the Veteran's claimed TBI with an acquired psychiatric disorder. The claims for higher initial ratings for right ankle instability, bilateral knee DJD, lumbar spine disability, associated right lower extremity radiculopathy, and for an earlier effective date for right lower extremity radiculopathy are also remanded.

The Board denied the Veteran's claim for service connection for residuals of frostbite of the bilateral upper and lower extremities, finding that there is no current diagnosis or evidence of such disabilities during or recent to the period of appeal.

The Board has granted the reopening of the Veteran's claims for service connection for intervertebral disc syndrome L5-S1 and concussion (now claimed as traumatic brain injury, TBI). The issues have been remanded due to insufficient evidence regarding whether these conditions are related to service.

The Board has remanded the Veteran's claims for service connection due to incomplete records from his National Guard service. The claims will be reviewed with these additional records.

The Veteran's claim for service connection for residuals of a head injury, including TBI and headaches is being remanded due to the need for additional medical examination.

The Board has dismissed the Veteran's appeals for service connection for obstructive sleep apnea and Traumatic Brain Injury (TBI) due to her withdrawal of those claims during a July 2019 hearing. The remaining issues have been remanded.

The appeal for burn injury residuals of the right and left hands is dismissed. The claims for service connection for knee, ankle, and low back disorders are reopened and remanded due to new evidence submitted by the Veteran.

The Board denied service connection for TBI, bilateral hearing loss, headaches, epilepsy, obstructive sleep disorder, acquired psychiatric disorders (including PTSD), hepatitis C, and hypertension. The claims were remanded for further development.

The Veteran's TBI and migraine headaches are remanded for further examination. The cervical spine and low back disabilities are also remanded, as the VA examinations relied on insufficient reasoning.

The Board denied an increased rating for PTSD and service connection for TBI due to the severance of service connection for PTSD, finding that the evidence showed a clear error in granting service connection. The Veteran's claims were not supported by objective evidence of head trauma during service.

The Veteran's service connection claims for TBI, PTSD, and migraine headaches have been denied. The Board found that the Veteran does not meet the criteria for a current diagnosis of TBI or PTSD, and his symptoms related to these conditions are adequately addressed by other service-connected disabilities.,For migraine headaches, the Veteran was granted service connection but assigned a non-compensable rating.

The Veteran's service-connected disabilities have prevented him from securing or following substantially gainful employment since his discharge from active duty in April 2005, and the Board has granted an effective date earlier than May 9, 2008 for the grant of TDIU.

The Veteran's major depressive disorder, residuals of TBI, memory loss secondary to TBI, and hypertension are all granted as service-connected.,Service connection for hyperlipidemia is denied because it does not constitute a compensable disability under VA compensation programs.

The Board has remanded the claims for further development and consideration, including obtaining a line of duty determination, additional VA treatment records, and an addendum opinion regarding the Veteran's in-service alcohol use.

The Veteran's claims for increased ratings and separate disability ratings are remanded due to the need for new examinations. The right thumb condition, PTSD and depression, and TBI will be evaluated.

The Board denied service connection for Traumatic Brain Injury and headaches on a secondary basis due to lack of evidence supporting the claims.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, and the Board has granted TDIU based on this finding.

The Board has remanded the Veteran's claims for service connection and increased evaluation of PTSD, as well as his TDIU claim due to lack of VA examinations and incomplete information.