Traumatic brain injury (TBI) decisions — 2019

The Veteran's hepatitis C is granted as service connected, with the condition first diagnosed in 1993 and linked to his military service via air gun inoculations. The other conditions are denied due to lack of a current diagnosis or no evidence linking them to service.

The Veteran's claim for service connection for TBI is withdrawn. The claims for service connection for an acquired psychiatric disorder, loss of use of feet and hands as secondary to an acquired psychiatric disorder, rhabdomyolysis, serotonin syndrome, SMC based on need for aid and attendance and/or housebound status, SMC based on loss of use of upper and lower extremities, and TDIU are all remanded.

The Veteran's PTSD is rated at 70 percent, and the appeal for a higher rating is denied.,Service connection for the cause of death due to cardiovascular disabilities is remanded as there are conflicting opinions regarding its relationship with service-connected conditions.,The Veteran's TBI disability is currently rated at 40 percent. A new medical opinion is needed to determine if it warrants an increased rating.

The Board has decided to remand the Veteran's claims for service connection for a low back disability and traumatic brain injury due to lack of an opinion on causation from VA examination, and the need for further medical evaluation.

The Board has remanded the cases for further development and consideration, including a VA examination to address the new evidence submitted by the Veteran.

The Veteran's current plantar fasciitis of the right and left foot, tinnitus, traumatic brain injury (TBI), headaches, PTSD, and right knee disability are all found to be related to his military service.,Service connection is granted for these conditions.

The Veteran's fibromyalgia and obstructive sleep apnea have been granted service connection. The effective date for the TBI has been set at March 9, 2012.,Service connection for fibromyalgia is granted as secondary to PTSD. Service connection for obstructive sleep apnea is granted on a direct basis.

The claim to reopen the service connection for a lumbar spine disability is granted. PTSD and major depressive disorder are granted, but with remand for increased rating evaluations. The claims for TBI and migraine headaches are also remanded.

The Board has decided to remand the Veteran's claims for service connection due to insufficient development of evidence regarding his in-service assault and head injury, as well as his psychological conditions. The case will be returned to the RO for further investigation.

The Veteran's service-connected PTSD, TBI, and migraines render her unable to obtain or maintain substantially gainful employment. The Board finds that the criteria for a TDIU have been met.

The Veteran's claim for service connection for residuals of a TBI is granted.,An effective date earlier than November 7, 2016, for the award of service connection for residual scars, left periorbital, right upper lip and right chin is denied.,A rating in excess of 10 percent for residual scars, left periorbotal, right upper lip and right chin is denied.,The Veteran's claim for service connection for sleep apnea is remanded.

The Veteran's claims for headaches and memory loss condition have been reopened due to the submission of new evidence. The right hand strain, cervical spine disability, fibromyalgia, CTE, headache condition, colloid cyst of the brain, and TBI issues are being remanded for further evaluation.,VA treatment records should be obtained. A VA examination is needed to assess the current severity of the Veteran's right hand disability.

The Veteran's appeal was dismissed due to his death, and the claims for service connection were not addressed as they are moot.

The Veteran's appeal for an initial disability rating in excess of 10 percent for traumatic brain injury is dismissed due to the death of the Veteran.

The Veteran's claim for service connection for hypertension, PTSD, TBI, type II diabetes mellitus, and bilateral hearing loss has been remanded due to the need for additional evidence. The effective dates for service connection have also not been established.

The Veteran's request to reopen claims for right knee patellofemoral syndrome, right shoulder pain, chronic headaches, head injury with facial reconstruction (now claimed as traumatic brain injury), and cervical strain were denied. The claim for CTS of the right wrist was granted.,The Veteran's requests to increase his PTSD rating and service connection for substance abuse secondary to PTSD are remanded.

The Veteran withdrew his appeal for the claims of entitlement to service connection for an acquired anxiety disorder, residuals of frostbite of the upper extremities, and residuals of frostbite of the lower extremities during a hearing before the Board.,VA denied the Veteran's claim for bilateral hearing loss as there was no evidence showing that he had hearing loss within one year after separation from active service.

The Veteran's appeal of his claim for a rating in excess of 10 percent for service-connected tinnitus has been withdrawn.,The RO is directed to obtain updated VA treatment records and SSA records, as well as any missing service treatment records from the David Grant Medical Center and NPRC.,VA should request that the Veteran submit any outstanding evidence regarding his claimed in-service exposure to dead bodies and race riots at Travis Air Force Base. The RO should also request a Statement in Support of Claim for PTSD Secondary to Personal Assault, and provide adequate notice as to such claim.,The RO should afford the Veteran new VA examinations for his acquired psychiatric disorders (PTSD, depressive disorder, obsessive-compulsive disorder), TBI, migraine headaches, TMJ, cervical spine disabilities, lumbar spine disability, right upper extremity disability, and right lower extremity disability. Adequate etiological opinions are needed.,The RO should afford the Veteran VA examinations for his cervical and lumbar spine disabilities, as well as a new VA examination for his right upper extremity disability (right shoulder and arm pain and numbness, right hand disability).,The RO should afford the Veteran VA examinations for his right lower extremity disability. Adequate etiological opinions are needed.

The Board has denied the Veteran's claims for service connection for Traumatic Brain Injury and Headaches, finding that there is no current disability related to the in-service head injury.

The Veteran's claim for a higher rating for PTSD was denied. The reduction of the PTSD disability rating from 50 to 30 percent, effective July 1, 2019, was proper and has been granted.