Traumatic brain injury (TBI) decisions — 2019

The Board has remanded several issues related to service connection and effective dates for various disabilities, including conjunctivitis, respiratory condition, hypertension, B-12 deficiency, TBI, left upper extremity paralysis, tinnitus, and a total disability rating based on individual unemployability (TDIU).

The Board has decided to remand the case due to the need for a new VA examination and opinion regarding the Veteran's claimed TBI.

The Board has dismissed the Veteran's appeals for service connection of various conditions and denied an earlier effective date for a 100% disability rating for asthma.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include TBI with memory loss, sleep disorder, dental condition, and tumors of the tongue.

The Veteran's claim for service connection for headaches, including due to hemicrania continua or the residuals of a TBI is remanded. The Veteran's claim for an increased rating for his acquired psychiatric disorder is also remanded.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is related to his service-connected traumatic brain injury. The examiner must provide a clear opinion on this etiological theory.

The Veteran's PTSD rating is being remanded due to the need for a clinical opinion to differentiate symptoms attributed to service-connected PTSD from those attributable to nonservice-connected TBI.

The Board has decided to remand the case due to outstanding VA and private treatment records, as well as a need for updated examination of the Veteran's TBI.

The Board has decided to remand the case due to the Veteran's failure to appear for a VA examination, and requires another attempt at notifying him of the scheduled appointment.

The Veteran's TBI was granted increased ratings to 40 percent from February 1, 2017 to November 15, 2018. The appeal for a higher rating above 40 percent since November 16, 2018 remains pending.

The Board denied service connection for various conditions, including low back pain, eye condition, kidney problems, left shoulder strain, right shoulder strain, right hand pain, and left heel pain. The decision also remanded cases involving bilateral hearing loss, trichomoniasis, scar of the right index finger, stress fracture of the left lower extremity, degenerative joint disease of the right knee, degenerative joint disease of the left knee, and residuals of a stress fracture of the left tibia.

The Veteran's claim for service connection for residuals of a TBI is reopened due to the submission of new and material evidence. The case is remanded for further examination and medical opinion regarding the nature and etiology of any current TBI or concussion.

The Veteran's claims for increased ratings for traumatic brain injury and other specified trauma and stressor-related disorder were denied. The Board found that the Veteran did not meet the criteria for a compensable disability rating for his service-connected traumatic brain injury, as he only had Level 0 impairment of any cognitive function throughout the appeal period. For his other specified trauma and stressor-related disorder, the Board also found no evidence to support an initial disability rating in excess of 30 percent.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for new examinations to assess the current severity of his service-connected disabilities, including traumatic brain injury, migraine headaches, and major depression with generalized anxiety disorder.

The Board has dismissed the claims for service connection for tremors and an effective date prior to October 4, 2012, for a 20 percent rating for lumbar strain. The Veteran's claim of entitlement to service connection for TBI and tinnitus have been reopened due to new and material evidence. The Board has also remanded the claims for PTSD, TBI, tinnitus, and TDIU.

The Veteran's claims for higher ratings for TBI, PTSD, head scar, and left shoulder disability were denied. The Board found that the preponderance of evidence did not support a rating higher than 40 percent for TBI or 70 percent for PTSD.

The Board has restored the Veteran's 20 percent evaluation for cervical spine disability effective June 4, 2018. The claim of service connection for TBI and the issue of a higher rating for cervical spine disability are both remanded.

The Veteran's anxiety disorder, along with PTSD and TBI residuals, has been productive of occupational and social impairment with deficiencies in most areas. The Board has granted a 70 percent rating for the entire appeal period.

The Board denied the Veteran's claims for service connection for low back disability, pulmonary fibrosis, and residuals of frostbite as there was no evidence to support a causal link between these conditions and his military service.

The Board has reopened the Veteran's claim for service connection of a Traumatic Brain Injury (TBI) and remanded it for further examination. The TBI is alleged to be related to an in-service head injury, but there are no medical opinions regarding the nature or etiology of the TBI.