Traumatic brain injury (TBI) decisions — 2019

The Veteran's PTSD is etiologically related to his active duty service.,Service connection for cervical spine strain and lumbar spine strain are remanded due to insufficient evidence of in-service injury or disease.,Service connection for bilateral ankle lateral ligament strain and cephalgia headaches are remanded due to insufficient evidence of in-service injury or disease.,Service connection for myelodysplastic syndrome is granted as it was initially diagnosed during active duty service.,Service connection for TBI is remanded due to lack of medical records from the 1993 motor vehicle accident and incomplete service treatment records.,Entitlement to a special monthly compensation (SMC) for loss of use of a creative organ is held in abeyance as it is intrinsically intertwined with the remanded erectile dysfunction issue.

The Veteran's residuals of TBI, including a concussion, were manifested by no worse than level '1' impairment for any facets according to the Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified table. As such, his disability was rated at 10 percent.

The Board has decided to remand the claims for service connection for TBI residuals and a neck disorder due to inadequate VA examinations. Additional evidence is needed, including VA treatment records and additional VA examinations.

The Board has granted service connection for a right ankle disability but has remanded the issue of service connection for residuals of TBI due to insufficient evidence.

The Veteran's appeal for service connection for residuals of traumatic brain injury and SMC based on the need for regular aid and attendance of another person and/or being housebound has been dismissed due to his death.

The Veteran's sleep apnea is not related to service and was not diagnosed until after separation.,Hypertension did not manifest within one year of service discharge, and there is no evidence linking it to service.,There is no evidence of a TBI event during service or current residuals. The Veteran’s blacking out episodes are attributed to another cause.,Migraine headaches were not diagnosed until years after separation and do not have a clear link to service.

The Veteran's fungal infection and psoriasis are granted as service-connected. The Board also remanded several issues for further development.

The Board has remanded the Veteran's claims of service connection for bilateral hearing loss and traumatic brain injury due to incomplete information in his medical records.

The Veteran's posttraumatic headaches are rated at a 30 percent disability rating, which is granted. The Veteran's TBI and PTSD with unspecified depressive disorder and alcohol use disorder warrant further review as the current rating of 50 percent is not sufficient.

The Veteran's representative withdrew the appeals regarding TBI, PTSD, and sinusitis before a decision was made by the Board.

The Veteran's appeals for increased disability ratings for cervical strain and headaches, mixed type associated with traumatic brain injury have been dismissed as the Veteran withdrew his appeals prior to a decision.

The Board denied service connection for Traumatic Brain Injury (TBI) as there was no evidence of an in-service injury that could have caused the TBI, and the Veteran's STRs did not show any incidents or treatment related to a head injury.

The Veteran's claim for service connection for a chronic residual disability of a head injury, to include TBI is denied. The claims for acquired psychiatric disorder (including PTSD, anxiety, and depression), sleep disorder, and left knee disability are remanded.

The Board has determined that the Veteran's right shoulder disability and residuals of traumatic brain injury are service-connected. However, due to conflicting opinions regarding Pick's disease, a remand is required for an addendum opinion from a VA examiner.

The Board has remanded the cases for further development and examination to determine if service connection can be established for Traumatic Brain Injury and an acquired psychiatric disability.

The Board has granted service connection for Traumatic Brain Injury (TBI) due to credible evidence showing an in-service injury and current disability, with a nexus between the two.

The Veteran's service-connected disabilities, including PTSD, bilateral hearing loss, tinnitus, hemorrhoids, and TBI, have rendered him unemployable. The Board has granted a total disability rating due to individual unemployability (TDIU).

The Veteran's claim for an initial 70 percent disability rating for service-connected PTSD with TBI was granted, effective May 6, 2016.,The Veteran's request for an earlier effective date for the award of service connection for PTSD with TBI was dismissed.

The Board has remanded three issues: increased rating for chronic left hip strain, service connection for bilateral hearing loss, and service connection for residuals of a traumatic brain injury (TBI), to include a seizure disorder, as secondary to the service-connected left ankle degenerative joint disease. The claims are being remanded due to incomplete VA examinations and missing Social Security Administration records.

The Board has reopened the Veteran's claim for service connection for residuals of a TBI and found that new evidence supports this reopening. However, it denied the claim as there is no current evidence showing the Veteran suffers from residual effects of a head injury sustained in service.