Traumatic brain injury (TBI) decisions — 2019

The Veteran's right wrist disability is currently rated as noncompensable. The Board has granted a compensable rating of 10 percent for the right wrist disability effective June 24, 2011. The issues of entitlement to increased ratings for migraine headaches, TBI residuals, and an acquired psychiatric disorder (PTSD) are remanded.

The Veteran has withdrawn his appeals for service connection and disability ratings in excess of 30 percent, 70 percent, or more for various conditions. The appeals are dismissed.

The Veteran's claims for service connection for residuals of TBI and lumbar strain were denied, but the claim for service connection for lumbar strain was reopened. The appeal is denied as new and material evidence has not been submitted to reopen the claim for residuals of TBI.,The Veteran's claim for a higher rating for tension headaches remains denied.

The Veteran's acquired psychiatric disorder and traumatic brain injury have been granted service connection.

The Veteran seeks a higher initial disability rating for Traumatic Brain Injury (TBI). The Board has previously remanded the matter to schedule a new TBI VA examination. However, the Veteran was unavailable due to surgery and advised that the examination would be rescheduled. The Board now orders the RO to reschedule the VA TBI examination.

The Veteran's claim for service connection for an acquired psychiatric disability, headaches, sleep disability, peripheral neuropathy, Parkinson disease, circulatory disability, gastroesophageal disability, cervical spine disability, bilateral hip and knee disabilities, and bilateral ankle disabilities has been granted. The claims for right ear hearing loss, left ear hearing loss, bilateral upper extremity frostbite residuals, bilateral lower extremity frostbite residuals, bilateral foot disability, skin disability, and service connection for a lumbar spine disability have been denied.

The Veteran's acquired psychiatric disorder, including PTSD, major depression, generalized anxiety disorder, and TBI residuals, is currently rated at 50 percent. The Board finds that the evidence does not support a higher rating as his symptoms do not meet the criteria for an increased rating.

The Board has determined that additional evidence is needed for the claims of service connection for PTSD, diabetes mellitus type II, sleep disability (to include sleep apnea), and headache disability (to include as due to a TBI). The Veteran's VA treatment records from Tuscaloosa, Alabama in January 2011 are requested. Additionally, the Veteran is required to undergo VA examinations to determine the nature and etiology of his claimed disabilities.

The Veteran's claims for increased evaluations and earlier effective dates are being remanded due to the need for additional records from Social Security Administration.

The Board has denied the Veteran's claims for service connection for lower back condition, cervical spondylosis, left ankle condition, sinus problems, traumatic brain injury, and abdominal muscle condition. The decision is based on a lack of evidence showing these conditions began during active service or are otherwise related to in-service injuries.,The Board found that the Veteran's statements regarding his in-service injuries were inconsistent and unreliable, casting doubt on their credibility.

The Board denied the Veteran's claims for service connection for right-hand arthritis, a right ankle disability, right CTS, headaches, and residuals of frostbite. The Board found that there was no evidence linking these conditions to his military service.

The Board denied the Veteran's claims for clothing allowances for a brace used for his service-connected back disability and topical medication used for his service-connected eczema in 2018, as there was no evidence that these items caused significant damage to his clothes.

The Veteran's service-connected conditions, including anxiety, frostbite residuals, and peripheral neuropathy of the lower extremities, have led to a TDIU claim. The Board has ordered further examination to assess the impact on employment.

The Veteran's claim for service connection for bilateral hearing loss was denied in August 2009 and is not being reopened.,The Veteran's claims for service connection for hypogonadism and sleep apnea were reopened due to new evidence received since the December 2013 decision, but the issue of service connection remains remanded as it pertains to aggravation or secondary conditions.,The Veteran's claim for service connection for TBI was remanded due to insufficient information regarding its nature and etiology.,The Veteran's claim for a rating in excess of 50 percent for PTSD is being remanded, and the issue of TDIU remains remanded as it pertains to employability issues related to his service-connected disabilities.

The Board denied service connection for various conditions, including left and right shin disorders, hearing loss, residuals of hypothermia, and a psychiatric disorder. The Board found no evidence of chronic or identifiable disabilities in or after service.

The Veteran's claims for earlier effective dates for service connection and increased ratings are denied.,The Board has remanded the cases to obtain additional medical examinations and evaluations.

The Board denied the claim for service connection for cause of death, finding that there was no evidence linking the Veteran's depression and TBI to his service-connected disability.

The Veteran's claims for service connection for various conditions, including sacroiliitis, irritable bowel syndrome (IBS), traumatic brain injury residuals, left wrist disorder, right knee disorder, left knee disorder, narcolepsy, and fibromyalgia have all been denied. The Board found no evidence of a current diagnosis or in-service incurrence of these conditions.

The Board has reopened the Veteran's claims for service connection for TBI and an acquired psychiatric disorder, but has determined that additional evidence is needed to decide these issues.

The Board has decided to remand the Veteran's claims for lumbar strain, traumatic brain injury (TBI), and bilateral hearing loss as they have not been evaluated in over five years and the Veteran testified that his conditions have worsened. The Veteran will be scheduled for VA examinations to assess the current severity of these disabilities.