Traumatic brain injury (TBI) decisions — 2019

The Veteran's claim for increased disability ratings for TBI residuals is being remanded due to the need for additional VA examinations and neuropsychological testing.

The Veteran's claims for compensation under 38 U.S.C. § 1151 for various disabilities, including bilateral eye disability, bilateral hip disability, left shoulder disability, psychiatric disorder (to include sleep disturbances and memory loss), neck disability, and TBI, were denied.

The Veteran's claim for a higher rating for migraine headaches is denied.,A separate rating of 10 percent for traumatic brain injury is granted.,An effective date of May 6, 2016, but not earlier, for the increased rating of 30 percent for migraine headaches is granted.

The Board denied restoration of a 70 percent rating for the Veteran's TBI residuals since May 28, 2014 and also denied a higher than 10 percent rating. The reduction in rating was found to be proper due to improvement in cognitive function.

The Veteran's claims for higher ratings for residuals of a traumatic brain injury and post-traumatic headaches were denied. The TBI residuals did not meet the criteria for an initial rating in excess of 10 percent, while the post-traumatic headaches met the criteria for a separate 30 percent rating.

The Board has remanded the Veteran's claims for service connection for Traumatic Brain Injury and Migraine Headaches also claimed as secondary to TBI due to inconsistencies in his reported history of injuries, lack of National Guard duty records after 2008, and potential applicability of 38 U.S.C. § 1154(b) for the claimed TBI injury.

The Veteran's claims for service connection for TBI and an acquired psychiatric condition have been reopened. The Board has determined that additional medical examinations are necessary to determine the nature and etiology of these conditions.

The Board has reopened the claims for service connection for arthritis, sinusitis, left ear hearing loss, right ear hearing loss, and residuals of frostbitten feet. However, these claims are being remanded as new evidence does not establish a direct link between any current disabilities and military service.,Service connection is denied for an acquired psychiatric disorder (Major Depressive Disorder) due to lack of evidence establishing a direct relationship with military service.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a current diagnosis of sleep apnea, and her lumbar spine disability was rated based on limitation of motion rather than IVDS. Her skin disability met criteria for a 10% rating since May 30, 2018. PTSD symptoms did not meet criteria for TDIU, but the Veteran's service-connected disabilities precluded her from securing and following substantially gainful employment.

The Veteran's service connection claims for residuals of a traumatic brain injury, left shoulder disability, and right shoulder disability are granted. The Board also found that the Veteran’s TBI is etiologically related to his active service.

The Veteran's GERD was granted service connection and an effective date of July 15, 2013 is assigned.,Service connection for the right shoulder disability, left ankle lateral collateral ligament sprain, cervical strain, and TBI (Traumatic Brain Injury) were all granted with effective dates of July 15, 2014.

The Board has determined that additional development is needed for the adjudication of several claims, including those related to back pain, asbestos exposure, chest pain/sinus ventricular tachycardia, acquired psychiatric disability (schizophrenia), sleep apnea, fractured right great toe, traumatic brain injury (TBI), post traumatic headaches with migraine features, and macular lesion, left eye with scotoma. The Veteran's claims are being remanded for further development.

The Veteran's major depressive disorder and alcohol use disorder are granted as service connected. The cervical spine, eye, traumatic brain injury, and headaches issues remain pending.

The Veteran's essential hand tremors are rated at a 10 percent disability rating, effective from April 3, 2018 to March 5, 2019. The Veteran’s TBI residuals are currently rated at 10 percent, also effective from April 3, 2018 to March 5, 2019.

The Veteran's claim for a disability rating in excess of 40 percent for TBI prior to July 25, 2017 was denied.,The Veteran's claims for an effective date prior to July 25, 2017 and a staged initial disability rating in excess of 70 percent for TBI from July 25, 2017 are pending and need further review.

The Veteran's appeal for a compensable rating for TBI was withdrawn by the Veteran in June 2019.,The Veteran's tension headaches and anxiety disorder were both denied as they did not meet the criteria for higher ratings.

The Veteran withdrew his claims for service connection for sleep apnea and traumatic brain injury, resulting in their dismissal.

The Board has remanded multiple service connection claims for further development and examination, including those related to respiratory, prostate, kidney, psychiatric, TBI, foot, skin, headache, diabetes mellitus, and peripheral neuropathy disabilities. The Veteran is also asked to provide more information regarding his claimed stressors for PTSD.

The Board has remanded the case for further development, including a psychiatric disorder claim and a rating decision for TBI residuals. The effective date of service connection remains unresolved.

The Veteran has withdrawn his appeals for service connection for testicular cancer (claimed as Seminoma) and traumatic brain injury, resulting in the dismissal of these claims.