Traumatic brain injury (TBI) decisions — 2019

The Board has denied service connection for a traumatic brain injury and remanded the issue of service connection for hydrocephalus as secondary to TBI. The Veteran's claim is being returned for further development.

The Board has dismissed the claims of service connection for right forearm and increased rating for right wrist due to lack of timely notice of disagreement. The issue of service connection for residuals of TBI is remanded due to a duty-to-assist error.

The Veteran's TBI symptoms approximated the criteria for a 70 percent rating as of September 7, 2010, which is granted as an effective date.

The Board has remanded three issues: service connection for a left knee disorder, residuals of frostbite of the toes, and depression. The reasons are that the VA examiners' opinions were inadequate as they did not consider the Veteran's lay statements regarding his experiences in basic training.

The Veteran's death was used as a basis for substituting the appellant in his pending claims. The Board also found that additional VA treatment records from October 2005 to August 2011 are needed, and TDIU notice is required.

The Board has remanded the Veteran's claims for bilateral knee condition, headache condition, chronic nose bleeds, TBI, sternal chest pain, and memory loss to include as due to an undiagnosed illness or secondary to his service-connected schizoaffective disorder. The remand requires additional examinations and opinions regarding the etiology of these conditions.

The Board has dismissed the Veteran's claims of service connection for various conditions, including eye pain, chronic fatigue syndrome, respiratory disability resulting from silica inhalation, hypercholesterolemia, tinea versicolor, and a condition claimed as Gulf War illness. The Veteran also had his claim for a rating in excess of 10 percent for pseudofolliculitis barbae dismissed.

The Veteran's TBI and low back disorder are granted as service-connected, with the Board finding that these conditions are related to his military service.

The Board has decided to remand the Veteran's claims for service connection due to outstanding service records. The claims will be returned to the agency of original jurisdiction (AOJ) for further development.

The Veteran's petition to reopen his claim of entitlement to service connection for a traumatic brain injury is denied. The Veteran's petition to reopen his claim of entitlement to service connection for an acquired psychiatric disorder, claimed as depression and anxiety, is granted. His claims are remanded due to the need for further examination.

The Veteran's appeal for service connection for TBI and to reopen claims of PTSD, generalized anxiety disorder, major depressive disorder, and lumbar spine DJD has been dismissed due to his death before a decision was made.

The Board has denied service connection for residuals of a traumatic brain injury to include headaches and remanded the issue of an evaluation in excess of 10 percent for lumbosacral degenerative disc disease.

The Veteran's initial and subsequent ratings for MDD, TBI residuals, and chronic posttraumatic headaches were denied. The Veteran was not granted a higher rating than the assigned levels.

The Board has granted service connection for TBI, low back pain, right shoulder condition, and left shoulder condition as these conditions are found to be related to the Veteran's time in service.

The Veteran's TBI, acquired psychiatric disability, and headache disability are all found to have begun during service. However, the diabetes mellitus is not related to service.

The Board found that the reduction in ratings for left forehead scar and TBI residuals was proper based on improvements observed over time.

The Veteran's appeal for a compensable rating for tinea versicolor has been withdrawn. The Board has also remanded the issue of an increased rating for residuals of TBI.

The Veteran's claims for service connection are remanded due to the lack of available service treatment records and the need for additional examinations.

The Veteran's claim for a higher rating for his low back disability was denied as the evidence did not show unfavorable ankylosis or incapacitating episodes requiring bed rest.,The Veteran's gastroesophageal disability was also denied as it did not meet the criteria for a compensable rating under Diagnostic Code 7346.

The Veteran's TBI claim is denied, and his cervical and lumbosacral spine disabilities are granted with effective dates of September 20, 2017. The headaches and left ankle sprain claims remain pending.