Traumatic brain injury (TBI) decisions — 2019

The claim for a rating in excess of 70 percent for post-traumatic stress disorder (PTSD) is granted, and the claim for service connection for residuals of a head injury to include TBI is also granted as secondary to PTSD.

The Veteran's service-connected disabilities rendered him unable to engage and retain substantially gainful employment for the rating period prior to April 19, 2017.

The Veteran's claim for service connection for a rib disability was denied due to lack of new and material evidence within one year of the November 2006 rating decision.,Service connection for residuals of TBI is denied as there are no current residuals found by VA examiners.

The Board has determined that the Veteran's hypertension, lower back disorder, TBI residuals, migraine headaches, PTSD, and acquired psychiatric condition to include anxiety and depression are not related to service. The case is being remanded for further examination and opinion.

The Veteran's claims for service connection for PTSD and residuals of a traumatic brain injury are granted. The claim for low back disability is remanded due to insufficient evidence.

The Veteran's claim for an increased rating in excess of 30 percent for migraines prior to July 31, 2018 was denied.,A 50 percent rating for migraines from July 31, 2018 through December 19, 2018 was granted.,The Veteran's claim for an increased rating in excess of 30 percent for migraines after December 19, 2018 was denied.,Service connection for PTSD was not established prior to April 28, 2014 and a 70 percent rating has been granted since then.,Service connection for pseudofolliculitis barbae was granted.,Service connection for TBI and CFS were both denied.,Service connection for a disorder manifested by radiation exposure was also denied.

The Board has remanded the cases for further development and examination to determine if the Veteran has any current residuals of frostbite of both feet, as well as whether he is entitled to service connection for a soft-tissue tumor. The issues are being addressed by a single Veterans Law Judge due to the hearing held at the RO.

The Veteran was granted service connection for tinnitus, effective March 12, 2015.,Service connection for irritable bowel syndrome (IBS), chronic fatigue syndrome (CFS), traumatic brain injury (TBI), and a respiratory disability were denied.

The Veteran's claims for service connection for an acquired psychiatric disorder, including major depressive disorder and PTSD, as well as residuals of TBI, are being remanded due to the need for additional development regarding in-service stressors and medical opinions.

The Veteran's initial claim for a higher rating for his right knee chondromalacia was denied. The Board also remanded the issue of an increased rating for his service-connected TBI from October 23, 2008 to May 11, 2017.

The appeal to reopen service connection for PTSD is dismissed as moot. New and material evidence has been received to reopen the claims of service connection for major depressive disorder, hepatitis C, left leg disability, right leg disability, left ankle disability, right ankle disability, and TBI.

The Veteran's appeal is remanded for further development, including obtaining medical records and scheduling VA examinations to assess the severity of his migraines, major depressive disorder with anxious distress (PTSD, anxiety disorder, memory loss), and traumatic brain injury. The TDIU claim is also remanded due to its inextricability from the other issues.

The Veteran's claims for increased ratings for TBI and migraines, as well as his claim for a total disability rating based on individual unemployability (TDIU), are being remanded due to the need for new VA examinations. The Veteran contends that his symptoms have worsened since previous evaluations.

The Board has remanded the case for further development and consideration due to new evidence submitted by the Veteran. The neck condition claim is also being remanded as it is inextricably intertwined with the TDIU claim.

The Veteran's claims for service connection for right knee disability and frostbite/cold injury residuals of the extremities were denied due to lack of new and material evidence.,Service connection for an acquired psychiatric disorder was also denied as there is no valid diagnosis of PTSD in accordance with DSM-IV or DSM-5 criteria.

The Board has remanded the Veteran's claims of service connection for Traumatic Brain Injury and Migraine Headaches due to a lack of a VA examination, as well as insufficient evidence to establish a nexus between his current disabilities and his active duty service.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions regarding potential links between his conditions and his military service.

The Veteran's TBI with residuals of chronic tension headaches is rated at 10 percent prior to June 18, 2018 and at 40 percent after that date. The Veteran's migraine headaches are currently rated at 30 percent from April 3, 2017 and at 50 percent from June 18, 2018.

The Veteran has withdrawn his appeal for all issues, including the claims for higher ratings for various conditions and a TDIU. As a result, the Board does not have jurisdiction to review these matters.

The Board has decided that the Veteran's claim for service connection for residuals of a traumatic brain injury should be remanded due to insufficient evidence in the October 2013 VA examination and lack of official records regarding the claimed fall.