Traumatic brain injury (TBI) decisions — 2020

The Veteran's claims for service connection for headaches, tinnitus, and traumatic brain injury (TBI) are being remanded due to the submission of new evidence. The claim for headaches will be readjudicated on the merits.

The Board denied an effective date prior to September 4, 2012, for the grant of service connection for Traumatic Brain Injury (TBI). The Veteran's claim was previously denied in August 1987 and again in July 2003. He filed a request to reopen his TBI claim on September 4, 2012.

The Board has remanded the case due to incomplete records and a need for further medical examination regarding the Veteran's TBI with memory loss.

The Board has remanded several claims related to the Veteran's service connection for various conditions, including low back pain with arthritis, right and left knee chondromalacia patellofemoral (claimed as arthritis), obstructive sleep apnea, pitting edema of the lower extremities, esophagitis and hiatal hernia with varices and GERD and aspiration pneumonia, and TBI. The claims are being remanded for further development.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions in the previous examinations. The Veteran is seeking service connection for degenerative arthritis of the lumbar spine and residuals from an in-service head injury, including TBI.

The Veteran is seeking a higher rate of special monthly compensation (SMC) under the provisions of 38 U.S.C. § 1114(t), which pertains to aid and attendance due to TBI, but the AOJ did not consider this issue in their initial decision.

The Veteran's claims of service connection for an acquired psychiatric disorder, traumatic brain injury, and cervical spine disability are remanded due to insufficient medical opinions and missing service records.

The Board has remanded the cases for further development due to incomplete examination reports that do not address the Veteran's lay contentions regarding his TBI.

The Veteran's left hip disability claim is denied as there is no current diagnosis of a hip condition. The Board finds that the Veteran does not have a current disability related to his service-connected back disability.,The Veteran's traumatic brain injury (TBI) claim is granted based on evidence showing he experienced head trauma during service and has ongoing symptoms consistent with TBI.

The Veteran's service connection for irritable bowel syndrome (IBS) is granted. The issues of revising the October 2011 rating decisions regarding migraines and TBI are remanded.

The Board denied the Veteran's claim for service connection for Traumatic Brain Injury (TBI), intermittent blackouts, and incapacitating episodes as there was no evidence of a TBI in service.

The Board has granted service connection for lumbar spine, cervical spine, left shoulder, left knee, right foot disabilities and residuals of traumatic brain injury (TBI) to include acquired psychiatric disorder to include anxiety disorder, major depressive disorder and PTSD. The Veteran's current conditions are believed to be related to in-service injuries during airborne training.

The Veteran's appeal for increased ratings for right ankle degenerative joint disease and surgical scars prior to October 15, 2019, as well as his TBI with posttraumatic headaches, scalp scar, and photophobia, was dismissed. The Veteran is granted an initial 10 percent rating for his TBI.

The Veteran's service connection claims for TBI and its residuals, as well as his acquired psychiatric disorders (major depressive and persistent depressive disorders) secondary to service-connected disabilities are granted. Service connection for bilateral hearing loss is denied.

The Veteran's appeal regarding his TBI, left knee disorder, and right knee disorder has been remanded for additional development. The rating for the Veteran’s TBI remains at 40 percent.

The Board has remanded the claims for service connection for TBI, headaches, and peripheral neuropathy of the bilateral upper extremities due to inadequate medical opinions. The issues are inextricably intertwined with the decision on TBI.

The Veteran's major depressive disorder with social anxiety to include traumatic brain injury with memory loss is currently rated at 50 percent prior to June 18, 2020 and denied for a higher rating since that date.

Effective October 4, 2012, a 50 percent rating for anxiety disorder is granted. A 30 percent rating for hypothyroidism is granted. A 10 percent rating for residuals of TBI with intermittent dizziness is granted. A 10 percent rating for pityrosporum folliculitis is granted.

All claims for increased ratings and effective dates have been dismissed due to the Veteran's withdrawal of all issues on appeal except for his claims for an increased rating for headaches and a TDIU.,For the entire appeal period from July 29, 2013 to present, a rating of 50 percent has been granted for service-connected headaches.

The Veteran's TBI, epilepsy, and migraines are granted as secondary to service-connected PTSD.,Service connection for a skin condition is denied.