Traumatic brain injury (TBI) decisions — 2020

An initial 10 percent rating for residuals of traumatic brain injury (TBI) is granted. Service connection for hypertension is denied.

The Veteran's claim for an increased rating for PTSD with alcohol use disorder and TBI was denied. The Board found that the disability did not meet or approximate criteria warranting a higher rating.

The Board has determined that additional development is needed for the Veteran's claims of entitlement to an initial compensable evaluation for bilateral hearing loss and total disability rating based on individual unemployability based on service-connected disabilities (TDIU). Specifically, the AOJ must obtain the August 2017 audiogram results referenced in the Veteran’s statements and clarify if a performance intensity function test was performed during the May 2018 private audiological evaluation.

The Board has decided to remand the case due to additional development being required, including a VA examination and consideration of new evidence. The main issue is whether the Veteran should receive an initial evaluation in excess of 10 percent for his service-connected TBI.

The Veteran's appeal for increased ratings for PTSD and TBI, as well as a compensable initial rating for migraine headaches, was denied. The case is remanded for further action on the issue of TDIU.

The Board has determined that the Veteran does not have current diagnoses of Traumatic Brain Injury or Postconcussion Syndrome, and therefore, service connection for these conditions is denied.

The Board has remanded the Veteran's claims for service connection due to a lack of STRs and the need for further development, including obtaining VA treatment records and scheduling an examination.

The Veteran's TBI residuals were rated at 40 percent from October 23, 2008 to September 15, 2013.

The Veteran's tinnitus is not related to his period of service, and therefore, service connection for tinnitus is denied.,The Veteran does not have a current diagnosis of left upper extremity neuropathy. Service connection for left upper extremity neuropathy is not warranted.,For the period prior to May 29, 2018, the Veteran's left elbow disability manifested in arthritis with normal range of motion and no pain on examination. A noncompensable rating is appropriate from that time. From May 29, 2018, a 10 percent rating is appropriate for limitation of flexion.,For the period prior to May 29, 2018, the Veteran's left elbow disability manifested in arthritis with normal range of motion and no pain on examination. A noncompensable rating is appropriate from that time. From May 29, 2018, a noncompensable rating is appropriate for limitation of extension.,Service connection for arthritis (claimed as gout) is remanded.,Service connection for sleep apnea is remanded.,Service connection for hypertension is remanded.,Service connection for residuals of TBI is remanded.,Service connection for headache is remanded.,Service connection for a vision disability is remanded.,Service connection for a left knee disability is remanded.,Service connection for a right knee disability is remanded.,Service connection for bilateral hearing loss is remanded.

The Veteran's claims for a compensable evaluation for right inguinal hernia strain, residuals of TBI, radiculopathy of the left lower extremity, and service connection for bilateral hip disability have been dismissed due to inadequate substantive appeals.,The Veteran's claim for an increased rating for thoracolumbar strain has been remanded.

The Board has remanded the Veteran's claims for further development due to new evidence obtained from service treatment records and personnel records.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected TBI and PTSD with depression, which have prevented him from working since November 2009.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of medical records. The issues include TBI, urinary condition, vertigo, GERD, skin disability of the arms, acquired psychiatric disability, ED, hypertension, migraines, prostate condition, and third digit of the right hand disability.

The Board has decided to remand the case due to the need for an opinion regarding the Veteran's left foot, as well as obtaining additional treatment records and radiology reports. The issue of service connection for a bilateral foot disability remains on appeal.

The Veteran's claim for an increased evaluation of PTSD was denied. The restoration of the 10 percent rating for tension headaches from October 31, 2018 is granted.,For the period from September 19, 2018 to December 11, 2019, the Veteran's TDIU claim is granted.

All increased rating and earlier effective date claims have been dismissed as the Veteran withdrew his appeals.

The Veteran's claims for service connection are being remanded due to incomplete records and the need for further medical examinations. The hypertension claim is also being remanded as it is inextricably intertwined with other issues.

The Board denied the Veteran's claims for service connection for residuals of a head injury including traumatic brain injury and migraine headaches, finding that there was no current diagnosis of TBI or migraine headaches related to his service.,Service connection was not granted as the evidence did not establish a link between the Veteran’s current conditions and his military service.

The Board has remanded the claims for service connection for concussion, migraine headaches, and a back condition due to insufficient evidence. The scar on lip claim is denied as there is no current disability.

The Veteran's appeals for service connection and initial ratings have been dismissed due to the Veteran withdrawing their appeal prior to a decision being made.