Traumatic brain injury (TBI) decisions — 2020

The Board denied service connection for a chronic back disorder, PTSD, and TBI. The Veteran's claims were not supported by the medical evidence.

The Board denied service connection for residuals of traumatic brain injury due to the lack of evidence supporting a current disability.,There is no clinical diagnosis of erectile dysfunction in the VA treatment records, leading to denial of service connection for this condition.

The Veteran's death was caused by liver cirrhosis, which the Board finds may be related to his alcohol abuse disorder. The cause of death claim is REMANDED for a new VA opinion on whether PTSD with anxiety led to or aggravated the alcohol abuse disorder and thus contributed to the Veteran’s death. For the lower and upper extremities conditions, the claims are also REMANDED as they are inextricably intertwined with the service connection for the cause of death claim.

The Veteran's appeal for service connection and increased ratings was granted, with a rating of 20 percent. Attorney fees are not awarded as the claim is not about service connection.

The Board has remanded the claims for additional development due to incomplete evidence and conflicting medical opinions.

The Board has remanded several issues, including the Veteran's claims for service connection for TBI residuals and special monthly compensation based on need for aid and attendance. The claims are being returned to the AOJ for further development.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's claims for cervical spine, right upper extremity nerve, obstructive sleep apnea, and tinnitus disabilities are remanded due to the need for additional examinations and opinions.,The Veteran's claim for service connection for traumatic brain injury (TBI) is remanded as there is conflicting evidence regarding whether it was incurred in service.

The Veteran's claim for service connection for PTSD has been granted.,The Veteran's claims for service connection for hearing loss, tinnitus, and traumatic brain injury have been dismissed due to withdrawal of the appeal.

The Veteran's PTSD symptoms have been productive of moderate to severe social and occupational impairment, but not total. The Board denied a rating in excess of 70 percent for PTSD and denied TDIU.

The Board has granted service connection for depression, but denied service connection for TBI. The decision supports the claim for depression based on in-service mental health complaints and subsequent diagnosis. Service connection for TBI is denied due to lack of evidence showing active duty or training status at the time of injury.

The Board has remanded the issues of service connection for blindness, glaucoma, hypertension, TBI, rheumatoid arthritis, right shoulder pain, left shoulder pain, left elbow disorder, right shoulder disorder, right wrist disorder, left wrist disorder, numbness and stiffness in the right toes, numbness, pain, and tingling in the left leg, joint pain and swelling in the jaw, right hip disorder, left hip disorder, left knee disorder, right ankle disorder, left ankle disorder, bilateral pes planus, left foot bunions, right foot bunions, residuals of a rib fracture, right hand disorder, left hand disorder, tonsillitis, dizzy spells, chronic fatigue disorder, pharyngitis (inflammation of the throat), allergy disorder, breathing disorder, sleep apnea, heart disorder manifest by an irregular heartbeat, ulcer, gastritis, gastrointestinal disorder manifested by gas and stomach problems, GERD, kidney disorder, residuals of a left chest lipoma, obesity, left arm disorder, and numbness, pain, and stiffness in the fingers.

The appeal for the issues of service connection and increased evaluations is dismissed. The issue of TDIU remains pending.

The Board has decided to remand the claims for an initial compensable disability rating for TBI, service connection for headaches, and service connection for acquired psychiatric disability including major depressive disorder and PTSD. The Veteran needs a new examination to assess the current severity of his TBI and whether any headache or psychiatric disabilities are proximately caused by TBI.

The Board has remanded the case due to inconsistencies in the examination findings and the need for a new VA examination to assess the current nature and severity of the Veteran's TBI.

The Veteran's TBI residuals are rated at 40 percent, PTSD prior to August 13, 2015 is rated at 70 percent, and the effective dates for service connection of PFB and tinnitus have been granted. The right ear hearing loss disability remains non-compensable.

The Veteran's TBI resulted in mild cognitive impairment, specifically memory and judgment issues. The Board granted a 10 percent initial rating for the service-connected TBI.

The Board has remanded the claims for service connection due to new and material evidence having been received. The right knee pain, left knee pain, acquired psychiatric disorder, and TBI claims are also being remanded for additional development.

The Board denied the Veteran's claims for service connection for an eye disability, TBI, bilateral knee condition, and erectile dysfunction. The decision found that new evidence did not relate to unestablished facts or raise a reasonable possibility of substantiating the claims. The criteria for service connection were not met in any of the issues.

The Veteran's PTSD with TBI is rated at 70 percent, migraine headaches are rated at 30 percent prior to May 25, 2016 and 10 percent after that date. The Veteran also receives a grant for total unemployability (TDIU).

The Veteran's TBI rating is being remanded for a more detailed assessment of his cognitive impairment.