Traumatic brain injury (TBI) decisions — 2019

The Board has remanded the claims for service connection due to insufficient evidence. The Veteran's TBI, upper back disability, and carpal tunnel syndrome are all being reviewed again.

The Veteran's service-connected disabilities, including PTSD, major depressive disorder, migraines, and TBI, are found to be disabling enough for the Board to grant a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected disabilities rendered him incapable of performing the physical and mental acts required by employment prior to January 29, 2015.

The Veteran's TBI is currently rated as noncompensable, and the Board has decided to remand the case for a new VA examination to assess the current severity of his TBI.

The Board has granted service connection for sleep apnea as secondary to PTSD, but denied the claims for throat condition, TBI, neck disability, tinnitus, and headaches.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disorder, a headache condition, and residuals of traumatic brain injury. The evidence does not support a finding that these conditions are related to active duty service.

The Board has determined that the issue of a TDIU rating prior to March 24, 2017 is remanded due to the need for additional evidence and possibly a retrospective medical opinion.

The Board has dismissed the claim of entitlement to a TDIU due to withdrawal by the Veteran's accredited representative. The remaining issues have been remanded for further development and consideration.

Tinnitus is granted as service-connected.,Traumatic brain injury is denied as not service-connected.,Right knee disability evaluation in excess of 10 percent is remanded for further examination and opinion.,Left knee disability evaluation in excess of 10 percent is remanded for further examination and opinion.,Right shoulder condition is remanded for further examination and opinion regarding etiology.,Left elbow condition is remanded for further examination and opinion regarding etiology.,Bilateral hearing loss is remanded for further examination and opinion regarding etiology.,Cervical spine condition is remanded for further examination and opinion regarding etiology.,Obstructive sleep apnea is granted as service-connected.

The Veteran's appeal for service connection for traumatic brain injury (TBI) with memory loss was dismissed because the Veteran withdrew his claim before a decision could be made.

The Board has determined that the Veteran's claims for service connection for residuals of a TBI, an acquired psychiatric disorder (including PTSD and major depressive disorder), diabetes mellitus, and a headache disorder are not granted. The case is REMANDED to obtain additional information regarding the Veteran's service aboard USS Camden and to schedule him for a VA examination.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence. The case will be returned to the RO for additional development and consideration.

The Veteran's service connection claim for residuals of TBI and PTSD was denied. From April 22, 2014 to July 24, 2016 (excluding December 22, 2014 through February 28, 2015), the Veteran received a 70% disability rating for PTSD. Effective July 25, 2016, his PTSD was rated at 100%. The TBI claim was denied as there is no evidence linking it to service.

The Veteran's claims for higher ratings for his cervical spine disability, TBI residuals (claimed as memory loss), and migraine headaches are being remanded due to the need for additional VA examinations.

The Board has granted service connection for gastroesophageal reflux disease (GERD) and traumatic brain injury (TBI), finding that the evidence supports a link between these conditions and the Veteran's military service.

The Veteran's claims for service connection for an acquired psychiatric disorder and traumatic brain injury were denied. The Board found that the pre-existing conditions did not meet the clear and unmistakable evidence standard, and there was no aggravation of these conditions during service.

The Board has remanded the Veteran's claims for service connection for residuals of an injury to his left shoulder, gastroesophageal reflux disease (GERD), and traumatic brain injury (TBI) due to a lack of medical nexus opinions addressing the Veteran's lay statements regarding in-service injuries.

The Veteran's TBI rating was reduced from 70% to 10%, but the Board has restored the 70% rating as it did not show material improvement in his condition.

The Board has remanded the Veteran's appeal for a total disability rating based on individual unemployability (TDIU) due to service-connected residuals of traumatic brain injury (TBI). The issue will be reconsidered with consideration given to all service-connected disabilities, but not any other disabilities. Deliberation of whether referral for extraschedular TDIU is required prior to December 21, 2017 should also be considered.

The Veteran's claim for an initial evaluation greater than 30 percent for headaches associated with service-connected TBI residuals since June 16, 2015 is remanded due to the need for a VA examination.