Traumatic brain injury (TBI) decisions — 2019

The Veteran's claims for service connection for TBI with migraine headaches and depression have been granted.,The Veteran's claim to reopen his claim of service connection for prostate cancer has been denied.

The Veteran's appeal for an increased evaluation of TBI is dismissed. The claims for service connection and evaluations for lower extremity neuropathy/radiculopathy, as well as the TDIU claim are remanded.

The Board has remanded the case due to outstanding VA treatment records, and will re-adjudicate the issue of a compensable initial rating for post-concussion syndrome and traumatic brain injury.

The Board denied the Veteran's claim for service connection for traumatic brain injury (TBI) and multiple concussions as there is no current evidence of a diagnosed condition.

The Board has decided that additional development is necessary for the Veteran's claims of service connection for a right hand disorder other than carpal tunnel syndrome and residuals of frostbite to the hands. The case will be returned to the AOJ for further action.

The Board has determined that the Veteran's claim for service connection for TBI should be remanded due to inadequate medical opinions and need for clarification regarding the cause of his current condition.

The Board has remanded the claims for service connection for Traumatic Brain Injury and Vision Problems, as well as the claim for TDIU prior to June 25, 2017. A new VA examination is required to determine the nature and etiology of the Veteran's symptoms.

The Board has determined that the Veteran's service-connected disabilities meet the threshold schedular TDIU criteria and have resolved all doubt in favor of the claim, granting a TDIU.

The Veteran's claim for service connection for a head injury, claimed as traumatic brain injury (TBI), is denied because there is no competent medical evidence that supports the conclusion that the Veteran has a head injury related to his service.

The Veteran's claim for service connection for migraine headaches was reopened and granted. The issue of service connection for residuals of a traumatic brain injury is remanded.

The Board has determined that the Veteran does not have a current diagnosis of a chronic right hand disability and therefore, service connection for this condition is denied. The case is remanded for further development regarding cervical spine disability, bilateral hearing loss, tinnitus, memory loss due to TBI, and an acquired psychiatric disorder.

The Veteran's TBI residuals are rated at 10 percent, and his headaches are rated at 50 percent from July 26, 2016. The Board finds that remand is warranted for the rhinitis claim.,For the period prior to July 26, 2016, the Veteran's headaches were not prostrating attacks and thus do not warrant a compensable rating.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's TBI claim is denied as there is no current diagnosis and the evidence does not support a finding that it began during service.,Service connection for cervical spine degenerative disc disease is denied due to lack of in-service injury or disease, and no causal relationship to service has been established.,Left shoulder degenerative joint disease was also denied as there is no in-service injury or disease, and the Veteran's current condition does not appear related to service.,Lumbar spine degenerative disc disease was denied due to lack of an in-service injury or disease, and the evidence does not support a finding that it began during service.,Radiculopathy associated with lumbar spine degenerative disc disease is also denied as there is no direct service connection.

The Board denied service connection for sleep apnea, residuals of TBI, and acquired psychiatric disorder due to lack of evidence linking these conditions to service. The Veteran's symptoms were not found to be directly related to his military service.

The Board dismissed the appeals regarding service connection for various conditions due to the Veteran's death.

The Veteran's initial compensable rating for hemorrhoids prior to January 9, 2015 was denied. From January 9, 2015, a 10 percent rating is granted. The PTSD with unspecified depressive disorder, alcohol use, and traumatic brain injury issue is remanded.

The Board has remanded the claims due to new evidence being added to the record after the SOC was issued. The Veteran and his representative did not waive AOJ review of this additional evidence.

The Veteran withdrew his appeals regarding the claims of service connection for muscle and joint pain due to an undiagnosed illness, a skin condition due to an undiagnosed illness, and a traumatic brain injury (TBI).

The Veteran's service connection claims are inextricably intertwined with his initial compensable rating claim for TBI. The Board has ordered a new VA examination to assess the current severity of his service-connected TBI and whether loss of balance, dizziness/vertigo, or headaches are related to service.