Traumatic brain injury (TBI) decisions — 2019

The Veteran was granted a 100 percent rating for PTSD, TBI, and MDD effective January 20, 2016. The effective date of this decision is the earliest date as of which it is factually ascertainable that an increase in disability had occurred.

The Board has determined that the initial TBI VA examination was inadequate and requires a new examination to determine if the Veteran's reported symptoms are related to his service.

The Board has remanded several issues related to the Veteran's claims, including service connection for various conditions and ratings for certain disabilities. The specific issues include dental disorders, hearing loss, tinnitus, ear infections, sleep apnea, arm and elbow disorders, frostbite residuals, low back disorder, sciatic nerve disorder, psychiatric disorders, pes planus, gout in the lower extremities, bronchial asthma, and allergic rhinitis.

The Veteran's claim for service connection for TBI with headaches is reopened, but the claim remains denied as there is no evidence of a current disability related to service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Board has decided to remand the claims of service connection for tinnitus, a right knee disability, sarcoidosis, and traumatic brain injury due to incomplete records and lack of supporting medical evidence.

The Board has found that additional development is needed for the Veteran's claims, including obtaining private medical records and VA treatment records. The appeals are REMANDED.

The Veteran withdrew his appeals regarding the claims of service connection for a gastrointestinal disorder, residuals of frostbite, and higher evaluations for hemorrhoids.

The Board has remanded the case due to insufficient evidence regarding the Veteran's current functional status and cognitive impairment, requiring further development including a new VA examination.

The Veteran's PTSD, right knee condition, tinnitus, sleep apnea, and traumatic brain injury are all granted. The PTSD is rated at 70 percent prior to October 2018 and 100 percent since then.

The Veteran's claims for service connection for Traumatic Brain Injury and Back Disability have been dismissed due to the death of the appellant.

The Veteran's claim for service connection of residuals of a traumatic brain injury (TBI) other than headaches and PTSD is remanded due to the Veteran not reporting for a scheduled VA examination. The examiner will determine if there is at least a 50% probability that any residual TBI, including hormonal changes, are related to his in-service TBI.

Service connection for broken feet, left ankle disorder, bilateral knee disorder, and hypertension has been denied.,The Veteran's TBI claim is remanded as additional records are needed to substantiate the claim.

The Board has remanded the case for further development and consideration of the Veteran's claims, including obtaining medical opinions regarding his functional impairments due to service-connected disabilities.

The Board has determined that the Veteran does not have a current disability of Traumatic Brain Injury or any neurological disability, and there is no evidence linking his acquired psychiatric disorders to service. Therefore, service connection for these conditions is denied.

The Veteran's appeal for an increased rating for migraines, a residual of his service-connected traumatic brain injury, has been dismissed as the Veteran withdrew his appeal.

The Veteran's bilateral flat feet, insomnia, right ankle disability, low back disability, bilateral hip disabilities, and bilateral wrist disabilities are not service-connected.,The Veteran’s current insomnia is considered a component of her service-connected PTSD.

The Board denied the appeal because the Veteran's August 2016 substantive appeal was not timely filed, and thus the April 2014 rating decision is final.

The Board denied the Veteran's claims of service connection for a left knee strain, effective date of service connection for PTSD, major depressive disorder, TBI, cognitive disorder and TBI headaches, and evaluation for PTSD, major depressive disorder, TBI, cognitive disorder and TBI headaches due to lack of clear and unmistakable error in the prior rating decisions.

The Board has decided to remand the case due to a lack of VA examination for service connection of TBI. The Veteran's representative requested additional time, and no prejudice is noted as the appeal is being remanded.