Traumatic brain injury (TBI) decisions — 2019

The Veteran's claims for service connection for bilateral knee condition and TBI have been reopened due to new and material evidence. However, both claims were denied as there is no established link between the conditions and military service.

The Veteran's service-connected disabilities have not rendered him unable to secure or follow a substantially gainful occupation, and his current employment as a letter carrier does not meet the criteria for TDIU due to marginal employment.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and an addendum opinion from the April 2019 examiner regarding his retained functional ability to use his feet. The claim will be readjudicated after these actions.

The Veteran's appeal is remanded for additional development, including obtaining updated VA treatment records and scheduling a VA psychiatric examination to assess the current severity of his service-connected generalized anxiety disorder.

The Board denied service connection for TBI, right knee with arthritic changes, right ankle disability with arthritic changes, fractured right foot 1st and 4th toes with arthritis, back disability to include fractures and arthritis, and neck disability to include fractures and arthritis.,The Board found that the Veteran did not have a current diagnosis of TBI or any other condition related to service.

The appeal for service connection for a bilateral shoulder condition has been dismissed.,Service connection for traumatic brain injury and headaches have both been denied. The Veteran's claims are based on in-service pararescue jumps and documented orbital fractures, but the Board found no current disability or sufficient evidence to support these claims.

The Veteran's appeal for higher ratings and TDIU was denied. The Veteran's migraine headaches were rated at 30 percent, which is the maximum rating available under VA guidelines. His PTSD with TBI has been rated at 100 percent since May 21, 2015. As he had a 100% disability rating for his service-connected conditions and no other disabilities rated as high as 60%, he was not eligible for TDIU.

The Veteran's claim for service connection for bilateral hearing loss is denied as the evidence does not support a finding that his current condition began during service or is related to in-service noise exposure.,Service connection for tinnitus is also denied, with no current diagnosis found and the Veteran denying recurrent symptoms.

The Board has remanded the claims of service connection for residuals of a TBI, an acquired psychiatric disorder, and a low back condition due to insufficient evidence regarding the etiology of these conditions. The Veteran will need to undergo VA examinations to determine if his current conditions are related to service.

The Board has decided to remand the case due to uncertainty in differentiating symptoms related to TBI from those related to generalized anxiety disorder and/or PTSD. The Veteran will need to undergo further VA examination(s) for this purpose.

The Board has remanded the Veteran's claims for an initial rating greater than 10 percent for TBI and a total disability based upon individual unemployability (TDIU) due to inadequate examination in the previous decision.

The Veteran's claim for a 70 percent rating for an acquired psychiatric disorder, to include major depressive disorder (also claimed as PTSD), was granted. The other issues were remanded.

The Veteran's TBI residuals are currently rated as 10 percent disabling, and the Board has found substantial compliance with previous remand directives. The issues of service connection for TMJ dysfunction, facial scarring, and abdominal mass remain pending.

The Board has denied service connection for Traumatic Brain Injury and remanded the issue of compensation under 38 U.S.C. § 1151 for left eye blindness as a result of surgery performed by VA in October 2008.

The Board has remanded the case due to insufficient objective evidence and the need for a VA examination to determine if the Veteran's TBI is related to service.

The Veteran's service connection claim for residuals of a traumatic brain injury is denied. The Veteran's depression and right shoulder tendonitis with degenerative arthritis are both rated at their maximum levels, but the Veteran's headaches secondary to trauma do not warrant an increased rating.

The Veteran's claim for service connection for bilateral hearing loss and tinnitus has been reopened, but the evidence does not support a finding of current disability. The Board is remanding the claims for residuals of traumatic brain injury (TBI), pulmonary disability including asthma, low back disability including scoliosis, and bilateral knee disability.,The Veteran's claim for service connection for TBI was denied as there was no in-service injury or disease, and the evidence does not support a finding that his current symptoms are related to service.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to determine if these conditions are related to his military service.

The Board has remanded the Veteran's claims due to issues with the timeliness of his substantive appeals for service connection. The remaining claims are related to TBI and right knee disability.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's service-related head injury and his later suicide, which caused his death.