Traumatic brain injury (TBI) decisions — 2019

The Veteran's claims for service connection for compressed vertebra, obstructive sleep apnea, asthma, hypertension, eczema, left hip condition, and TBI have been granted. The Veteran is also granted a higher rating for his PTSD.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his claimed disabilities, particularly TBI and tinnitus. The AOJ is instructed to arrange new examinations with qualified professionals who can provide opinions on whether these conditions are related to service.

The Veteran's claim for service connection for a traumatic brain injury with residuals is denied because there is no evidence of a TBI during service and the current disability does not meet the criteria for service connection.

The Veteran's claims of service connection for residuals of a TBI and recurrent epistaxis have been remanded due to the need for additional medical examination.,New evidence has not raised a reasonable possibility of substantiating the claims of service connection for tinnitus.

The Veteran's appeals for service connection on remand include broken right hand, low back disability, left knee injury, TBI with residual effects and cognitive disorder, and a scar. The claims are being returned to the RO for additional development of records.

The Veteran's TBI disability is currently rated at 10 percent since June 24, 2016. The Board found that the evidence did not support a higher rating as there was no level 2 impairment in cognition, emotional/behavioral or physical/neurological dysfunction attributable to his TBI.

The Veteran's traumatic brain injury with major depressive disorder and unspecified trauma and stressor related disorder is rated at 70 percent since November 14, 2016. The symptoms have caused significant impairment in work, social, and family relations.

The Veteran's anxiety disorder is granted as service-connected. The cases of anorgasmia, degenerative joint disease of the lumbar spine, bursitis of the left hip, status-post trauma to the left thumb and middle finger, and traumatic brain injury are all remanded for further evaluation.

The Board has granted service connection for peripheral neuropathy of the upper and lower extremities, finding that these conditions are related to service-connected disabilities. The claim for TBI was denied.

The Veteran's headache condition, posttraumatic headaches associated with TBI, is restored to a 30 percent disability rating from June 14, 2013, to July 10, 2017. The Veteran's condition did not meet the criteria for a higher rating during this period.

The Veteran withdrew his appeals for all service connection claims, including PTSD, chronic pain disorder, bilateral hearing loss, hypertension, residuals of traumatic brain injury (also claimed as head injury), neuropathy of right upper extremity, and sciatica of left lower extremity.

The Veteran's claim for service connection for TBI was denied as he has not been diagnosed with a TBI during the appeal period.,The Veteran’s right knee scar is currently rated as noncompensable under DC 7805, and no higher rating is warranted based on current evidence.

The Veteran's claim for an increased rating for post-concussion type syndrome was denied by the Board, and the decision upheld. The Veteran had subjective complaints of headaches associated with his post-concussion type syndrome but dementia was not demonstrated.

The Veteran's claim for an effective date prior to May 15, 2017 for the grant of service connection for intermittent explosive disorder with ADHD and traumatic brain injury is denied. The earliest request to reopen his previously denied TBI claim was received on May 15, 2017.

The Veteran's claims for higher ratings on TBI with dizziness, depression, headaches, left knee ITB syndrome and right knee ITB syndrome are being remanded due to the need for additional examinations and development of records.,A VA examination is required to determine if the Veteran’s sleep apnea was caused or aggravated by his service-connected depression.

The Board has granted service connection for sleep apnea, but has remanded the issue of service connection for residuals of a traumatic brain injury (TBI). The Veteran's sleep apnea is at least as likely as not secondary to his PTSD. Service connection for TBI residuals remains pending and will be remanded for further examination.

The Veteran's character of discharge is not a bar to the receipt of VA compensation benefits, and his claims for service connection are remanded for further adjudication.

The Veteran's appeals for service connection of a skin rash, TBI, and bilateral upper extremity peripheral neuropathy have been withdrawn. The appeal for an increased rating for PTSD has been granted with a 100% disability rating effective September 1, 2014.

The Veteran's TBI has not resulted in higher than level 2 impairment in any facet for rating TBI. The criteria for an initial rating in excess of 40 percent for TBI prior to June 22, 2012 have not been met.,The criteria for a rating in excess of 70 percent for TBI with bipolar disorder and dextromethorphan dependence from June 22, 2012, to April 4, 2013, have not been met. A 100 percent rating for TBI with bipolar disorder and dextromethorphan dependence from April 4, 2013, to June 24, 2013, has been granted.,The criteria for a rating in excess of 70 percent for TBI with bipolar disorder and dextromethorphan dependence from November 1, 2013, to May 23, 2015, have not been met.

The Veteran's claims for service connection for a heart disability, right ear hearing loss, and traumatic brain injury were denied. The Board found no current diagnoses of these conditions.,For the right ear hearing loss, the Veteran was not granted an increased rating as his hearing impairment did not meet the criteria for any higher rating.