Traumatic brain injury (TBI) decisions — 2019

The Board has remanded the Veteran's claims for service connection due to unresolved issues regarding his TBI, OSA, surgically-repaired hernia, right knee disorder, and erectile dysfunction. The VA is instructed to obtain treatment records, schedule examinations, and determine the nature and extent of residuals from in-service TBIs, etiology of sleep apnea, relationship between current abdominal hernia and service, potential for right knee disability related to service, and whether erectile dysfunction is related to service.

The Board has denied an initial compensable rating for headaches prior to March 30, 2015 and granted a 30 percent disability rating since then. The Veteran's TBI claim is remanded due to the lack of a VA examination. His TDIU claim is also remanded as he did not submit a formal application.

The Board has remanded the cases for further development and clarification of the Veteran's TBI symptoms, including impairment of visual spatial orientation and headaches. The issues of entitlement to an initial compensable rating for residuals of a traumatic brain injury and entitlement to a total disability rating due to individual unemployability prior to January 6, 2016 are both remanded.

The Veteran's claims for service connection were denied as new and material evidence was not received. The Board found no current diagnosis of or treatment for the claimed conditions.

The Board denied service connection for bilateral hearing loss, tinnitus, and TBI residuals.,There is no evidence of current disabilities or in-service injuries related to these conditions.

The Board has determined that the Veteran does not have a TBI or right knee disability that began during his active duty service.,Regarding the cervical spine disability, the Board finds that additional examination and opinion are needed to determine if it is related to his military service.

The Veteran's low back disability, pseudofolliculitis barbae, and left wrist disability are granted as service connected.,The Veteran's right wrist disability is granted as service connected.,The Veteran's traumatic brain injury (TBI) is granted as service connected.,The Veteran's sleep apnea is granted as service connected.,Service connection for bilateral hearing loss and GERD was denied.

The reduction of the Veteran's disability rating from 70 percent to 40 percent for Traumatic Brain Injury was proper, as it reflected improvement in his condition.

The Veteran's bilateral pes planus was found to have been aggravated by service, and thus granted service connection. The cases for rhinitis and TBI are remanded due to insufficient evidence.

The Veteran's claims for higher evaluations of PTSD, TBI, and a TDIU are being remanded due to the need for additional medical examinations and evidence.

The Veteran's migraine headaches are granted a 50% evaluation for the entire appeal period. The Veteran’s chondromalacia of the right knee and residuals of TBI are remanded for further development.

The Board has granted service connection for tinnitus but denied service connection for hearing loss, and has remanded several other issues including those related to the neck, back, head injury (TBI), and acquired psychiatric disorder.

The Veteran's claim for an increased rating for major depressive disorder with psychotic features and mood disorder due to TBI was denied. The Board found that the severity, frequency, and duration of his symptoms did not meet the criteria for a higher rating.

The Veteran's migraines, depression and anxiety, and traumatic brain injury are all rated at the maximum available under their respective disability codes. The Veteran is granted a TDIU based on her service-connected disabilities.

The Board denied the Veteran's request for an extension to file a Notice of Disagreement (NOD) regarding his July 2014 and November 2014 rating decisions, finding that he did not provide good cause for filing late. The ratings assigned for radiculopathy in both lower extremities and TBI were maintained.

The Veteran's claim for service connection for frostbite residuals of the upper and lower extremities is denied as there is no evidence of current disabilities causally connected to his active military service.

The Board has remanded several issues including service connection for TBI, reopening of a claim for hemorrhoids, and increased ratings for cervical spine conditions. The issue of TDIU is also being remanded as it is inextricably intertwined with the other claims.

The Veteran's claim for an increased rating for tension-type headaches was dismissed as the issue had been previously addressed by a final Board decision.,An effective date prior to December 11, 2012 for the grant of a separate evaluation for tension-type headaches is denied because it is not factually ascertainable that the Veteran's condition manifested within one year prior to his claim.,Service connection for paranoid schizophrenia with traumatic brain injury was granted on December 11, 2012. An effective date prior to this date is denied as there were no pending claims prior to the date of the Veteran's current claim.

The Veteran's appeal is remanded due to the need for a new examination to assess his PTSD and TBI, as well as to determine whether he has any symptoms of TBI that are distinguishable from the impairment resulting from his service-connected PTSD.

The Veteran's claim for service connection for residuals of a traumatic brain injury is denied as the evidence does not support that the condition began during active service or is otherwise related to an in-service injury, event, or disease.,An effective date of August 15, 2013, but no earlier, has been granted for the grant of service connection for tinnitus. This is one year prior to the receipt of the completed Fully Developed Claim form by the Veteran.,The claim for an effective date prior to July 31, 2014 for the grant of service connection for PTSD is denied as there was no new and material evidence submitted within one year following the denial in May 2013. The RO reopened the claim but again denied it based on lack of a nexus to service.,The Veteran's claim for secondary service connection for erectile dysfunction to include as secondary to service-connected PTSD is remanded due to an inadequate opinion from the July 2016 VA examiner.,The Veteran's claim for secondary service connection for gastroesophageal reflux disease (GERD) to include as secondary to a service-connected disability is remanded due to an inadequate opinion from the December 2015 VA examiner.,The Veteran's claim for secondary service connection for a headache disorder to include as secondary to service-connected PTSD and/or tinnitus is remanded due to an inadequate opinion from the July 2016 VA examiner.