Traumatic brain injury (TBI) decisions — 2020

Service connection for cold weather injury, residuals of frostbite to the bilateral hands is denied.,Service connection for a lumbar spine disorder is denied.,Service connection for a cold weather injury, residuals of frostbite to the bilateral feet is remanded.

The Board has determined that the Veteran sustained a traumatic brain injury during service and now experiences post-concussion syndrome, which is granted as service-connected.

The Veteran's obstructive sleep apnea is granted as service-connected.,The Veteran's TBI residuals are not rated higher than noncompensable (30%),PTSD prior to April 11, 2019 is denied a rating in excess of 30%,PTSD with TBI from April 11, 2019 is granted at 70%

The Board has determined that further development is needed to include obtaining Social Security Administration records, and these have been obtained. However, the Veteran's representative was not provided with the Supplemental Statement of the Case (SSOC) due to an undelivered mail issue.

The Board has restored the Veteran's 100 percent evaluation for Traumatic Brain Injury (TBI) and reinstated his special monthly compensation at the housebound rate, effective May 1, 2016. The appeal regarding a total disability rating based on individual unemployability is dismissed as moot.

The Veteran's claim of service connection for TBI, neck spine disorder, neuropathy/radiculopathy of the arms, migraine headaches, and impaired vision is granted. However, his claim for bilateral hearing loss remains denied.

The Veteran's claim for service connection for TBI is denied as there is no evidence of a current disability during the appeal period.,Service connection for cervical spine disability is granted based on consistent reports from the Veteran and corroborated by his military occupational specialty.

The Board has granted the Veteran's claims for service connection for Traumatic Brain Injury and Headaches, finding that there is at least equipoise evidence to support these conditions being related to his active duty service.

The Board has remanded the case due to inadequate development of evidence regarding the severity and nature of the Veteran's TBI residuals. The VA medical examiner was instructed to provide retrospective findings on the severity of the Veteran’s TBI throughout the entire period on appeal, with consideration of the November 2015 neuropsychological evaluation and the Veteran’s January 2017 diagnosis of PTSD.

The Board has dismissed the appeals for issues related to effective dates and service connection.,The Board has also remanded several claims, including those for increased ratings and TDIU based on migraine headaches.

The Veteran's service records do not show any evidence of gallbladder removal, TBI, pulmonary embolism, chronic headache disorder, or atrial fibrillation during his active service. The claims are denied as the evidence does not meet the criteria for service connection.,There is no evidence showing a TBI during service or within one year post-service. The Veteran's claim for TBI due to service is denied.,Pulmonary embolism was first diagnosed in 1995, over three decades after separation from active service. Service connection is denied as the evidence does not meet the criteria for service connection.,Headache disorder and atrial fibrillation were not shown during or within one year post-service. The claims are denied as the evidence does not meet the criteria for service connection.

The Board dismissed the appeals of entitlement to initial ratings for anxiety disorder, headaches, and traumatic brain injury (TBI) as the appellant withdrew her claims. The effective dates for service connection were set at February 27, 2009.

The Veteran's TDIU claim was denied as his service-connected disabilities did not prevent him from securing or following a substantially gainful occupation.

The Board has remanded the case due to an inadequate VA examination, requesting a new opinion on whether the Veteran has service-related TBI residuals including memory loss or difficulty concentrating.

The Board has remanded the claims of service connection for traumatic brain injury (TBI) and post-traumatic headaches due to outstanding SSA records that may be relevant to these claims.

The Board has decided to remand the cases for further development due to unclear diagnoses and outdated examination reports. The Veteran needs new VA examinations to assess his service-connected TBI and eye disorder.

The Veteran's initial compensable disability rating for residuals of TBI was denied prior to March 12, 2019. Effective March 12, 2019, a higher disability rating for residuals of TBI was granted. Prior to February 6, 2018, the Veteran received a 30 percent disability rating for migraines associated with residuals of TBI. Effective February 6, 2018, he received a 50 percent disability rating for migraines. The Veteran also received a total disability rating based on individual unemployability effective October 29, 2009.

The Board has remanded the Veteran's claims for service connection for TBI and GERD due to a lack of substantial compliance with its September 2018 remand directives. The claims are now pending again.

The Board dismissed all the issues in this appeal due to the appellant's withdrawal of the appeal prior to the promulgation of a decision.

The Board has remanded several issues related to the Veteran's service connection claims, including for a left ankle disorder, CTS of the upper extremities, and various hip and knee disorders. The Veteran is also seeking higher initial ratings for her lumbar spine and right hip disabilities.