Traumatic brain injury (TBI) decisions — 2019

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran sustained a TBI during service and if he currently has any residuals of such an injury. The AOJ is instructed to obtain relevant medical records, arrange for a VA examination, and provide the Veteran with another opportunity to present his claims.

The Veteran's claims for service connection were denied as there was no indication of intent to apply prior to December 26, 2013.,Claims for effective dates prior to December 26, 2013 are denied.

The Board has granted service connection for residuals of traumatic brain injury, but denied service connection for bilateral foot cold injury residuals.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination. The Veteran's left knee condition, acquired psychiatric disorder (anxiety/depression), and TBI are all under review.

The Veteran's claim for service connection for an adjustment disorder with depressed mood, anxiety, and sleep issues related to pain syndrome is granted. The claims for left eye disability, hyperlipidemia, neuropathy of the upper extremities, neuropathy of the lower extremities, cold injury of the upper extremities, cold injury of the lower extremities, circulatory disorder, and traumatic brain injury are denied.

The Veteran's TBI was initially rated at 40 percent effective from November 20, 2018. The rating for the condition prior to this date remains unchanged.,From November 7, 2018 onwards, a higher rating of 40 percent is denied.

The Veteran's claims for service connection for low back pain, right knee disability, and residuals of traumatic brain injury have been denied. The Board found that new and material evidence was not received to reopen the previously denied claim for low back pain. For the other conditions, there is no indication of a direct link between the current disabilities and service.,The Veteran's TBI resulted in persistent tension headaches which were rated non-compensable. The Veteran failed to appear at a scheduled VA examination, leading to denial of his request for an increased rating.

The Board has remanded the case due to the need for additional medical records and a new VA examination to determine the current severity of the Veteran's service-connected TBI.

The Veteran's service-connected disabilities do not meet the eligibility criteria for special monthly compensation based on housebound status as he does not have a single, permanent service-connected disability rated at 100 percent and is not permanently housebound by reason of his service-connected disabilities.

The Board denied service connection for TBI, cervical strain, neurological disorder, sleep apnea, right arm disorder, and left arm disorder due to lack of evidence linking these conditions to service.,Service connection was not granted as the Veteran's claimed disabilities did not have their onset in active service or within a year of discharge.

The Board has denied the Veteran's claims for service connection for hypertension, TBI, neck disability, migraine and/or tension headaches, low back disability, and acquired psychiatric disorder (including PTSD). The reasons provided include a lack of evidence linking these conditions to service or any in-service injury. The Board has also noted that there is no continuous symptomatology for hypertension within one year of discharge.,The Veteran's claims for TBI, neck disability, migraine and/or tension headaches, low back disability, and acquired psychiatric disorder (including PTSD) are remanded as the Veteran has not been afforded a VA examination to determine the nature and etiology of these conditions.

The Veteran's appeal is remanded for additional development regarding service connection claims.,Service connection for left ear hearing loss, major depressive disorder and pain disorder, traumatic brain injury (TBI), vertigo and dizziness, vision problems to include tunnel vision, erectile dysfunction, and hyperpituitarism with low testosterone are all being remanded.

The Veteran's tension headaches status-post traumatic brain injury are granted a disability rating of 50 percent effective January 13, 2016. The claim for an initial disability rating in excess of 10 percent prior to that date is denied.

The Veteran's petition to reopen the claim of entitlement to service connection for a traumatic brain injury, an earlier effective date for the grant of service connection for PTSD, and an increased compensable rating from January 29, 2014 and continuing thereafter for status-post right inguinal hernia repair has been dismissed.,An initial rating of 70 percent from January 29, 2014 and continuing thereafter for posttraumatic stress disorder (PTSD) is granted.

The Board has remanded the Veteran's claims of service connection for left shoulder disability, left ankle disability, and TBI due to lack of medical opinion regarding their etiology.

The Board has denied the Veteran's claims for service connection for a right shoulder disability, a ruptured left ear drum, and a traumatic brain injury (TBI) due to lack of evidence linking these conditions to his military service.

The Veteran's claims for service connection for liver disorder, HTN, TBI, and residuals of shrapnel wounds to the back are all denied as there is no current evidence of these conditions during the appeal period.,There is no competent medical evidence showing a current diagnosis or symptoms related to any of these claimed disabilities.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current TBI residuals are related to his service. The Veteran will need a new VA examination to determine if he has any TBI-related symptoms and their etiology.

The Board has determined that the evidence does not warrant readjudication of the tuberculosis claim, as no new and relevant evidence was submitted after the September 2004 denial.,The Veteran's TBI and hypertension claims are remanded due to the submission of new evidence since the April 2010 denial.

The Veteran's claims for increased ratings and service connection are remanded due to incomplete service records and additional relevant evidence being associated with the record.