Traumatic brain injury (TBI) decisions — 2020

The Board has granted service connection for degenerative joint disease (DJD) of the neck, low back, and traumatic brain injury (TBI), finding that these conditions are at least as likely as not related to the Veteran's inservice assault incident.

The Veteran's asthma is granted service connection as it is caused or aggravated by his service-connected gastroesophageal reflux disease and obstructive sleep apnea. Service connection for the residuals of a TBI is denied.

The Veteran's previously denied claims for service connection are being reopened, and the cases of his respiratory disability, back disability, and tingling of feet due to frostbite are being remanded for additional development.

The Board has remanded the Veteran's claim for additional medical opinions regarding his sleep apnea and its relationship to his service-connected conditions, specifically epilepsy, adjustment disorder with anxiety and depression, and traumatic brain injury (TBI).

The Board has dismissed the appellant's claims for accrued benefits for Traumatic Brain Injury and Coronary Bypass Surgery as they were not filed in the correct system (AMA vs. legacy system).

The Board denied the claim for service connection of TBI, finding that it was not caused by any in-service incident but rather a post-service injury to his head.

The Board has decided that the Veteran's OSA may be related to his military service, but more evidence is needed to determine if it is caused by or aggravated by his TBI and/or asthma.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for higher ratings under the applicable diagnostic codes, and his service connection claims were granted based on direct evidence of a nexus to service.

The Veteran's appeals for service connection and rating issues have been dismissed due to withdrawal of the claims by his representative in August 2019. The Board also remanded several issues including increased ratings for degenerative arthritis of the thoracolumbar spine, left and right lower extremity radiculopathy, and a temporary total rating for convalescence due to post-operative jejuno-cutaneous enterocutaneous fistula.

The Veteran's claims for service connection for TBI, bilateral peripheral neuropathy of the lower extremities, and carpal tunnel syndrome have been denied. The claim for an effective date prior to May 21, 2013 for diabetes mellitus type 2 has also been denied.,Service connection was not granted for carpal tunnel syndrome in either upper extremity due to lack of evidence linking the condition to service or a service-connected disability.

The Board denied the Veteran's claim for service connection for traumatic brain injury (TBI) residuals, finding that there was no evidence of TBI in service and that any pre-existing condition did not worsen during service.

The Veteran's appeal is remanded for several issues, including the recoupment of severance pay, a TBI rating increase, TDIU determination, and an effective date for PTSD service connection.

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

The Board has found the record incomplete and remanded for obtaining missing VA medical records, including from Hamilton, New Jersey; Philadelphia, Pennsylvania; Horsham, Pennsylvania; and Bucks County, Pennsylvania VA facilities. The CUE claims are also inextricably intertwined with the earlier effective date claims.

The Veteran's PTSD was previously rated at 30 percent, and the AOJ increased it to 70 percent effective May 6, 2013. The TDIU claim remains on appeal.

The Veteran's initial rating for TBI prior to February 2, 2020 was denied. Service connection for PTSD with TBI was granted as of February 2, 2020, but the Veteran's increased rating claim remains pending. The Veteran's service-connected bilateral hearing loss and TDIU claims are also pending.

The Veteran's appeal for a rating in excess of 70 percent for major depressive disorder with traumatic brain injury from November 4, 2010 has been dismissed as the Veteran withdrew his appeal.

The Board has remanded the claims for additional development, including obtaining VA treatment records and scheduling examinations. The Veteran's service-connected disabilities are to be evaluated further.

The Board denied service connection for residuals of traumatic brain injury due to the finding that the October 1983 head injury was caused by willful misconduct, and thus not related to service.

The Board has denied service connection for TBI with residuals of light sensitivity and headaches due to lack of a current diagnosis. The Veteran's PTSD claim is remanded for further evaluation.