Traumatic brain injury (TBI) decisions — 2019

The Veteran's TBI and head scar are remanded for a VA examination to determine their relationship to service-connected PTSD. The claims will be readjudicated after the examination.

The Board has determined that the Veteran's radiculopathy of the left lower extremity warrants a 40 percent rating, but no higher. The remaining issues have been remanded for further examination and evaluation.

The appeal for a higher rating for traumatic brain injury residuals is dismissed. The claim for a higher rating for tinnitus remains denied as the maximum schedular rating of 10 percent has been in effect.

The Board has dismissed the claims for service connection for TBI and dental condition. The claim for service connection for an acquired psychiatric disorder, to include PTSD, is remanded.

The Veteran withdrew his appeal of the initial disability rating for Traumatic Brain Injury (TBI) prior to April 13, 2016, and in excess of 70 percent thereafter. The Board dismissed the appeal as a result.

The Veteran's initial disability rating for TBI in excess of 10 percent from November 1, 2012, and in excess of 40 percent from May 16, 2019 is denied.

The Board has decided to remand the cases of service connection for Traumatic Brain Injury and Cognitive Disorder due to conflicting evidence in the claims file, including discrepancies between the Veteran's subjective reports and objective medical records.

The Veteran's lung disability is denied as there was no evidence of a chronic condition in service or otherwise shown to be associated with his active service, including asbestos exposure.,The Veteran's residuals of TBI are denied as the preponderance of the evidence does not support a finding that he has current residuals from an in-service motorcycle accident.,The Veteran's back disability is denied as there was no evidence of a chronic condition in service or otherwise shown to be related to his active service.,The Veteran's right upper extremity, neck, and bilateral lower extremities disabilities are denied as the preponderance of the evidence does not support a finding that they began during active service or were otherwise related to an in-service injury or disease.

The Board has remanded the case for further development regarding the Veteran's claims of a right knee disability, head injury residuals (including TBI), and back disability (scoliosis).,The VA examiner’s rationale was inadequate to adjudicate the Veteran's claims. The Veteran must be afforded another VA examination to determine whether his current conditions are related to service.

The Board denied service connection for bilateral shoulder, knee, lumbar spine, and cervical spine disabilities due to a lack of evidence linking these conditions to service. The Veteran's representative did not respond to the RO’s request for additional information.,Service connection was also denied for TBI and chronic headache disability as there is no objective evidence supporting their existence or causation in service.

The Veteran is granted special monthly compensation (SMC) based on aid and attendance due to his service-connected disabilities, including traumatic brain injury.

The Board has ordered remand due to inadequate opinions regarding the service connection for diabetes, gastritis, and related conditions. The Veteran's claims are being returned for further development.

The Board has determined that the VA examination provided for the TBI claim is inadequate and remanded to provide an addendum opinion. The same applies to the claims of service connection for an acquired psychiatric disability, headaches, and tinnitus as they are inextricably intertwined with the TBI claim.

The Board has granted service connection for residuals of traumatic brain injury (TBI) and remanded the claims for higher initial ratings for PTSD, back, neck, and knee disabilities. The TDIU claim is also remanded.

Service connection is granted for a cervical spine condition (neck disability) with an effective date of November 30, 2012. Effective dates for right ear hearing loss, left ear hearing loss, and tinnitus are not established as the Veteran did not file claims for these conditions prior to November 30, 2012.

The Veteran's initial compensable rating for posttraumatic headaches and a rating in excess of 10 percent for traumatic brain injury were denied. The evidence did not meet the criteria for these ratings, as the Veteran did not have characteristic prostrating attacks or severe economic inadaptability.

The Veteran's appeals for increased ratings and effective dates have been dismissed.,New evidence has reopened the claim of service connection for a back disability, but the claim remains denied.

The Veteran's claims for service connection for Traumatic Brain Injury and Meniere’s disease have been granted. The claim for TDIU is remanded.

The Veteran's PTSD with TBI symptoms have been evaluated as a single condition, resulting in a 50 percent rating. The Board found that the Veteran’s symptoms do not meet or approximate the criteria for a higher rating.

Your appeal has been dismissed because the Veteran died during the pendency of your case. The Board does not have jurisdiction to decide the merits of this appeal now.