Traumatic brain injury (TBI) decisions — 2019

The Veteran's claims for service connection related to residuals of a right foot fracture, bilateral hearing loss, tinnitus, right shoulder glenohumeral joint osteoarthritis, recurrent dislocation, and tension headaches have been remanded due to the need for further development.,No effective date was assigned as the issues are still under review.

The Board denied service connection for residuals of a traumatic brain injury (TBI) and denied an increased rating for PTSD. The claim for earlier effective date for diabetes mellitus, type II is remanded.,Service connection for PTSD was not granted due to lack of current disability and no in-service injury or disease.

The Board has remanded the claims for cervical spine disability, urinary incontinence, residuals of a TBI, bilateral lower extremity peripheral neuropathy and radiculopathy, to include as due to a service connected disability, and total disability rating based upon individual unemployability (TDIU) due to service connected disabilities. Additional development is required including obtaining relevant medical records and scheduling VA examinations.

The Veteran's spouse contends that the Veteran had a traumatic brain injury (TBI) in service, which resulted in long-term memory loss and headaches. The Board has ordered a remand to obtain medical records and conduct an examination to determine if any diagnosed TBI residuals are related to his military service.

The Board has granted the Veteran's claim for service connection for residuals of traumatic brain injury (TBI) and headaches, finding that these conditions are related to his in-service head injury. The decision also reopened the Veteran's previously denied claim.

The Veteran's claim to reopen a service connection for residuals of traumatic brain injury (TBI) and headaches is granted. Service connection for headaches, claimed as residuals of TBI, is also granted.

The Board has dismissed the appeals for service connection of various foot and leg conditions due to the Veteran's death.

The Veteran's claim for service connection for Traumatic Brain Injury with Schizoaffective Disorder, Bipolar Type (also claimed as bipolar, manic depressive, mental condition, PTSD, and personality disorder) was granted in December 2016 effective October 5, 2006. The Board found no earlier effective date is permitted by law.

The Board denied service connection for bilateral hearing loss, traumatic brain injury, and a brain tumor. The evidence did not show any in-service incurrence or aggravation of these conditions.,There was no medical evidence linking the current disabilities to service.

The Veteran's TDIU claim is remanded due to insufficient medical opinions regarding his ability to work with all of his service-connected disabilities. The case will be referred to the Director, Compensation and Pension Service for consideration of an extraschedular TDIU rating.

The Veteran's PTSD is rated at 50 percent, but no higher. The rating reflects occupational and social impairment with reduced reliability.

The Board has determined that the Veteran's service records are unavailable due to a fire at the National Personnel Records Center. The Board is remanding the claims for further development, including obtaining additional medical records and conducting VA examinations.

The Board has decided to remand the cases for further development due to a lack of VA examinations and incomplete records. The appellant's service connection claims for back disorder and traumatic brain injury are being reviewed.

The Board has remanded the case for further development due to inconsistencies in the VA examiner's opinion regarding the Veteran's TBI. The PTSD with alcohol use disorder is rated at 30 percent, but the Veteran is seeking a higher rating.

The Veteran's claim for service connection for an acquired psychiatric disability, including PTSD, was denied as she did not meet the criteria for a diagnosis of PTSD or other acquired psychiatric disorder.,Service connection for deafness/nerve disability was also denied due to lack of current hearing loss disability recognized by VA standards.

The Veteran's claim for restoration of a 70 percent rating for TBI with cognitive disorder from May 21, 2015 is granted. Other claims are remanded.

The Veteran's claim for increased ratings was denied as his TBI residuals did not meet the criteria for a compensable rating prior to January 25, 2018 and did not warrant a rating in excess of 40 percent thereafter. His headache condition also did not meet the criteria for a higher evaluation.

The Veteran's service connection for headaches, right knee disability, and TBI have been granted. The effective date for the left knee disability has not been determined due to a remand request. A total disability rating due to individual unemployability (TDIU) is granted based on his service-connected disabilities. Right knee and vertigo issues require further examination as they may be related to other conditions or service-connected disabilities.

The Board has granted service connection for disability manifested by numbness of the hands and memory loss as a residual of TBI, finding that there is at least an equal balance of evidence to support these claims.

The Veteran's service-connected disabilities do not preclude him from securing and following gainful employment consistent with his educational and occupational experience.