Traumatic brain injury (TBI) decisions — 2021

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for additional development, including obtaining records from his Vet Center and VA examinations to address the nature and etiology of his left knee disability, obstructive sleep apnea (OSA), and traumatic brain injury (TBI).

The Board has denied the Veteran's claims for service connection for chronic rhinitis, sinus problems, lung spots, bilateral hearing loss, left lower extremity neuropathy, left upper extremity neuropathy, right upper extremity neuropathy, right ankle disorder, sleep apnea, and TBI.

The Veteran's claims for headaches, residuals of TBI, and joint pain have been granted. The claim for left ear hearing loss has been reopened but remanded for further examination. The Veteran's claim for neuropathy requires additional development to determine exposure and etiology. His insomnia claim is also pending further clarification. The Veteran's GERD claim remains remanded.

The Board denied service connection for TBI, thoracolumbar spine disability, right hip disability, tinnitus, and left ear hearing loss due to lack of evidence showing a nexus between these conditions and service.,Service connection was also denied for depression as it is not shown to be related to any service-connected condition.

The Veteran's bilateral hearing loss disability is rated at 20 percent effective May 14, 2013. The neck disc problem (degenerative arthritis of the cervical spine) is rated at 20 percent. Post-traumatic headaches are rated at noncompensable. TBI is rated at noncompensable. Service connection for left knee disorder and left elbow disorder is denied.

The Veteran's claim for a separate rating for neurological residuals of bilateral hydrocele with left testicular echotexture, residuals of groin injury is denied. The Board also granted TDIU as of March 2, 2015.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further development, including obtaining private treatment records and corroborating in-service stressors.

The Veteran withdrew his appeal for an increased rating for PTSD with TBI before the Board could make a decision. The appeal is dismissed.

The Board has remanded the cases for further development and examination to determine if service connection can be established for residuals of a traumatic brain injury, seizure disorder claimed as residual of TBI, and bilateral hearing loss.

The Veteran's claim for service connection for residuals of a traumatic brain injury is denied.,Service connection for the right shoulder disability, cervical spine disability (prior to October 6, 2020), and bilateral acquired pes planus with hallux valgus are also denied. The Veteran's GERD symptoms have been granted an initial evaluation in excess of 10 percent.

The Board denied service connection for Traumatic Brain Injury (TBI) as there is no evidence of a TBI in service or current residuals.

The Board dismissed the appeal because there was a procedural defect due to concurrent election between filing an HLR request and a Board appeal for the same issue.

The Board has decided to remand the case due to inadequate examination and need for further medical opinions regarding the Veteran's TBI condition, including its onset in service and relation to his neurocognitive disorder.

The Veteran's TBI is granted, and a higher rating of 10 percent for her seizure disorder is granted. Her chronic vaginitis remains noncompensable.

An initial 10 percent rating is granted for left elbow strain, effective July 31, 2017.,Service connection is granted for right shoulder and right elbow strains.

The Veteran's TBI, PTSD, and migraine headaches have been granted initial ratings of 10%, 70%, and 50% respectively.

The Veteran's claim for a higher rating for migraine headaches has been withdrawn. The claims for diabetes mellitus, peripheral neuropathy of bilateral upper and lower extremities, sleep apnea, breast cancer residuals, cholecystectomy residuals, right knee disability, left knee disability, left foot injury, acquired psychiatric disorder (PTSD and depression), traumatic brain injury with residuals, memory loss, chronic fatigue syndrome, and tinnitus have been dismissed. The claim for service connection for temporomandibular joint disorder is remanded.

The Veteran's claim of service connection for Major Depressive Disorder is dismissed.,Service connection granted for right wrist disability, left wrist disability, and headaches as a residual of TBI.

The Board found no current diagnosis of ulcers and denied the claim for service connection.,There is no evidence of a diagnosed TBI, and the Veteran's STRs do not support such an event. The Board denied the claim for service connection for TBI.