Traumatic brain injury (TBI) decisions — 2019

The Board has dismissed all service connection claims due to the Veteran's death.

The Board has determined that the April 2013 rating decisions denying service connection for TBI residuals and right ear hearing loss are not final, as new and material evidence has been submitted. The claims will be remanded to allow further development.

The Board has remanded the claims for lumbar spine disability, bilateral eye disability, and residuals of a traumatic brain injury due to new medical opinions being required.

The Board dismissed the appeals for service connection for TBI, PTSD, and tinnitus. The previously denied claims of service connection for residuals of left knee trauma, asthma, and GERD were reopened.

The Board denied service connection for Traumatic Brain Injury (TBI) and remanded the issue of service connection for Asthma.

The rating reduction from 30 percent to 10 percent for the Veteran's service-connected left and right foot frostbite was improper, and the 30 percent evaluation is restored.

The Veteran's application to reopen the claim of service connection for TBI was granted, and he is now entitled to service connection for TBI residuals including a cognitive disorder.,Service connection for PTSD was remanded as there were issues with the procedural history.

The Board has determined that the Veteran's service connection claims for back condition, broken left foot, left big toe, and traumatic brain injury (TBI) need to be remanded due to incomplete service treatment records. The Veteran is not provided with a VA examination as his claim requires medical evidence regarding the onset of these conditions in service or their direct link to active duty.

The Board has determined that a remand is necessary to obtain updated medical records and to schedule the Veteran for VA examinations to assess his left knee patellofemoral pain syndrome, TBI with memory impairment and tension-type headaches, and left knee instability. The issues of whether reductions in ratings were proper and entitlement to SMC restoration are also being remanded.

The Board has remanded the cases due to missing service treatment records and incomplete personnel files that may support the Veteran's claims for residuals of frostbite and a bilateral eye disability.

The Veteran withdrew his appeal for a compensable rating for TBI, so the case is dismissed.

The Veteran's cervical strain and traumatic brain injury have worsened, and the Board finds that updated VA examinations are necessary to determine their current severity. The TDIU claim is also remanded as it is intertwined with the other claims.

The Board has remanded several issues related to the Veteran's service connection claims, including for TBI, Alzheimer’s disease, headaches, low back disability, left knee disability, right knee disability, right ankle disability, and heart disability. The hearing loss claim is also being remanded.

The Board denied service connection for COPD, Sleep Apnea, HTN, DM, TBI, and Bilateral Neuropathy due to lack of evidence linking these conditions to active military service.

The Veteran's TBI is currently rated at 10 percent disabling, and the Board finds that a higher rating is not warranted as her cognitive impairment does not meet or approximate the criteria for a higher rating.

The Board has decided to remand the case because it needs to obtain SSA records that may contain new and material evidence relevant to your claim for service connection for traumatic brain injury, claimed as chronic head injury and concussion.

The Veteran's service-connected concussion (residual of TBI) is rated at 40 percent as of October 7, 2016. The effective date for this rating remains January 11, 2014.

The Veteran's depressive disorder is granted as service connected. The remaining issues of service connection for various other conditions are remanded.

The Veteran's claims for service connection of left hand injury, mouth injury, and traumatic brain injury were denied. The claim for an earlier effective date for degenerative lumbar spondylosis was also denied.

The Veteran's PTSD is rated at a 30 percent rating from October 28, 2014; and increased to a 70 percent rating prior to August 13, 2015. The VA has granted an increased rating of 70 percent for the period prior to August 13, 2015.