Traumatic brain injury (TBI) decisions — 2019

The Board has remanded the cases for further development and examination, as well as to consider service connection for various disabilities.

The Veteran's initial rating for PTSD is denied. The Board has remanded other service connection claims related to back, right leg, right knee, and right foot disorders as well as residuals of a TBI.

The Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) is remanded due to the need for a VA examination.

The Veteran's MDD, a residual of TBI, is rated at 50 percent and the appeal for a higher rating is denied.

The Veteran's TBI is not manifested by objective evidence on testing of memory impairment, attention, concentration, or executive functions resulting in functional impairment. Therefore, a compensable evaluation for TBI is denied.

The rating reduction from 50% to 30% for bilateral hearing loss was improper, and the 50% rating is restored. The Veteran's tinnitus claim remains at a 10% rating, frostbite residuals of left hand remain at 30%, and frostbite residuals of right hand also remain at 30%. The effective date for the tinnitus award cannot be earlier than September 2, 2005.

The Veteran's TBI claim is granted, and he is awarded a 20% rating for his low back disability. Separate ratings of 10% are assigned for radiculopathy in both lower extremities.

The Board denied the Veteran's claims for service connection for a low back condition and TBI, finding that there was no evidence of in-service injury or disease related to these conditions.

The Veteran's appeals for increased disability ratings for his service-connected Traumatic Brain Injury (TBI) and associated post-concussive migraines were dismissed because the Veteran withdrew his appeal prior to a decision being made.

The Board has dismissed the Veteran's appeals regarding his claims of residuals of a left elbow cyst excision, bilateral shin splints, and a traumatic brain injury. The Board has granted service connection for diabetes mellitus, bilateral lower extremity diabetic neuropathy, sleep apnea, and cardiovascular disability.

The Veteran's PTSD and TBI have been granted a 70 percent rating, but no higher. The appeal for other issues remains pending.

The Board denied service connection for brain disease due to trauma, including traumatic brain injury, as there is no current disability of TBI shown in the evidence of record.

The Veteran's claim for service connection for bilateral hearing loss was denied in January 2013, and the decision is final. The Veteran did not submit new and material evidence within one year of the denial.,Service connection for PTSD and TBI were granted effective from August 31, 2015, but the Veteran requested an earlier effective date.

The Veteran's claims for service connection for peripheral neuropathy of the bilateral lower extremities, right radial traumatic neuropathy, degenerative changes to thoracolumbar spine (lumbar spine disability), bilateral hearing loss, TBI residuals, and headaches have all been denied. The Board found that there was no current diagnosis of peripheral neuropathy in either leg or any other service-connected condition related to the issues.

The Board has decided to remand the case due to inadequate rationale in a previous VA examination, and further evaluation is needed to determine if the Veteran's current TBI residuals are related to his active duty service.

The Veteran's sensorineural hearing loss in the right ear is currently rated as noncompensable (0 percent) from April 5, 2016. The Veteran does not have a current disability of sensorineural hearing loss in the left ear for VA purposes.,Service connection for the left shoulder disorder and right shoulder disorder are both denied because there was no in-service injury, disease, or event associated with either shoulder.,The Veteran's low back disorder is currently rated as noncompensable (0 percent) from April 5, 2016. The current lower back disorder did not have its onset during service and is not otherwise related to active duty service.,Service connection for TBI is remanded due to insufficient competent medical evidence on file.

The Board found that the Veteran's conditions are related to his military service in various ways. Service connection was granted for an unspecified depressive disorder, obstructive sleep apnea, tinnitus, residuals of a traumatic brain injury (TBI), epilepsy, and temporomandibular joint (TMJ) pain/dysfunction.

The Veteran's claim for a compensable rating for TBI with post-concussion syndrome is remanded due to inadequate VA examination. The claim for an increased rating for his acquired psychiatric disability remains pending and requires issuance of a Statement of the Case (SOC).

The Veteran's claim for service connection for sickle cell anemia has been denied as there is no evidence of a current diagnosis or superimposed disease.,The Veteran's claim for higher initial ratings for various disabilities, including blurred vision, hearing loss, and PTSD with memory loss, are remanded to obtain additional VA treatment records.

The Veteran's TBI rating was reduced from 40% to 10%, effective April 10, 2014. The GERD and shoulder conditions were remanded for further evaluation. Other issues related to service connection or disability ratings remain pending.