Traumatic brain injury (TBI) decisions — 2019

The Veteran's disability rating for service-connected residuals of TBI was restored to 70%, but the issue of a higher rating remains on appeal.

The Veteran's claim for service connection for right knee disability is denied.,The Veteran's claim for service connection for TBI, including residuals, is denied.,The Veteran's claim for service connection for an acquired psychiatric disorder is granted.

The Board denied service connection for low back disorder, conjunctival intraepithelial neoplasia, bilateral hearing loss, varicose veins, and residuals of frostbite, feet. The reasons given were that the conditions did not manifest in service or within a presumptive period, and there was no continuity of symptomatology.

The Board has denied the Veteran's claims for increased ratings for PTSD, TBI, intervertebral disc syndrome with degenerative arthritis of the lumbar spine, and sciatica, left lower extremity. The case is remanded for further development.

The Veteran's TDIU claim is remanded due to the lack of recent evidence regarding the current effects of his service-connected disabilities on his employment capacity. The Board requests new examinations to determine how his PTSD, tinnitus, residuals of TBI, and left and right knee patellofemoral syndrome affect his ability to work.

The Board is remanding the case to allow for a VA examination to determine if the Veteran sustained a traumatic brain injury in service and whether he has residuals of that injury.

The Veteran's claims for service connection and initial ratings have been dismissed due to his death.

The Board has remanded the issues of service connection for TBI residuals, increased rating for bilateral hearing loss, increased rating for tinnitus, and increased rating for forehead scar due to additional development needs.

The Board has determined that new examinations are necessary to evaluate the nature and etiology of the Veteran's claimed disabilities, including her right elbow condition, left knee condition, bilateral ankle conditions, TBI (head trauma), bilateral wrist ulnar neuritis, and migraines. The Veteran is also asked to provide any relevant private treatment records or other evidence.

The Veteran's petition to reopen the claim for service connection for residuals of colon cancer was denied. The claims for increased ratings for PTSD and TBI were also denied, as well as the appeal regarding TDIU.

The Veteran's appeal is remanded for the following issues: compensable rating for post-traumatic headaches associated with TBI prior to October 20, 2014; a rating in excess of 30 percent for post-traumatic headache associated with TBI from October 20, 2014, through June 25, 2018, and in excess of 50 percent from June 26, 2018; total disability rating based on individual unemployability (TDIU) due to service-connected disabilities prior to April 28, 2018; a rating in excess of 30 percent for bilateral hearing loss; and a rating in excess of 40 percent for traumatic brain injury. The Veteran's appeal is also remanded because the issues of higher ratings for post-traumatic headaches are dependent on the outcome of these other claims.

The Board has decided to remand the Veteran's claims for service connection for traumatic brain injury and a compensable rating for bilateral hearing loss due to missing records and insufficient medical opinions.

The Board has remanded several service connection claims due to the Veteran's failure to report for scheduled VA examinations. The cases are now pending and will be rescheduled for further evaluation.

The Board has decided that the Veteran's claims for service connection of an acquired psychiatric disorder, TBI and its residuals, and a headache disability should be remanded due to the need for additional examinations and consideration of new evidence.

The Board has decided that the appellant does not have a bilateral hearing loss disability for VA purposes and denied service connection for this condition. The other issues on appeal are remanded due to the need for additional development of evidence.

The Board has denied the Veteran's claims for service connection for perforation of the left eardrum, traumatic brain injury (TBI), and headaches. The reasons include a lack of current diagnoses or history of these conditions during the pendency of the appeal.

The Board dismissed the appeal for service connection of TBI and granted a 100 percent evaluation for PTSD with alcohol and opioid use disorders. The issue of TDIU was also dismissed as moot due to the 100 percent rating.

The Veteran's TDIU claim is remanded due to the need for a new VA examination to assess the current severity of his service-connected migraine headaches, traumatic brain injury residuals, and right eye disability. The examiner should also consider their combined effect on his employability.

The Board has decided that the Veteran's service connection claim for residuals of a traumatic brain injury (TBI) should be remanded due to inadequate opinions and missing records.

The Board denied the Veteran's claim for service connection for frostbite of the bilateral feet, finding that new and material evidence was not received to reopen the previously denied claim.