Traumatic brain injury (TBI) Board decisions

The Veteran's appeal for service connection for a bruised lung has been dismissed as the Veteran withdrew his claim.,The Board has remanded several issues including service connection for an acquired psychiatric disorder, right leg disorder, right hip disorder, left hip disorder, right knee disorder, and TBI residuals. The motor vehicle accident that allegedly caused these conditions is alleged to have occurred during a period of INACDUTRA.

The Veteran's service-connected disabilities, including PTSD, frostbite residuals, and recurrent tinnitus, are at least in equipoise with his ability to secure and follow substantially gainful employment. As a result, the Board has granted entitlement to a TDIU.

The Veteran requested to withdraw his appeal regarding the initial rating for PTSD with mild neurocognitive disorder and traumatic brain injury. The Board dismissed the appeal as a result.

The Veteran is granted a TDIU from April 10, 2014. The issue of an extraschedular TDIU for the period October 31, 2011 to April 10, 2014 is remanded.

The Board has remanded the Veteran's claims for service connection for residuals of a traumatic brain injury, initial evaluations for right shoulder strain and lumbosacral strain with degenerative changes and spondylitis, evaluation for fractures of the tibia and fibula, and TDIU claim for the period prior to August 28, 2013. Additional examinations are needed to determine the nature and etiology of any traumatic brain injury found to be present, as well as the current severity of his right shoulder, lumbar spine, and leg disabilities.

The Board has remanded the case due to insufficient evidence regarding service connection for TBI. The Veteran's claims will be reviewed again with a comprehensive examination and consideration of all provided medical records.

The Veteran's claim for service connection for a traumatic brain injury (TBI) is granted, and the case is remanded for further development.

The Board denied the Veteran's claims for service connection for acquired psychiatric disability and residuals of TBI, finding no current disabilities. The claim for a compensable rating for bilateral pes planus was also denied.

The Board has dismissed the Veteran's appeals regarding earlier effective dates for his service-connected psychiatric disability, radiculopathy of the bilateral legs, TBI, and lumbar spine disability. The claims were based on impermissible freestanding requests for earlier effective dates.

The Board has determined that there were errors in the decision-making process regarding service connection for erectile dysfunction and traumatic brain injury, as well as an initial evaluation for major depressive disorder. The Veteran's claims are being remanded to obtain additional medical opinions.

The Veteran's petition to reopen the previously denied claim for restricted lung disease (COPD and bronchial asthma) has been withdrawn. The issues of service connection for traumatic brain injury, left knee degenerative joint disease, tinnitus, left lower extremity radiculopathy of the sciatic nerve, right lower extremity radiculopathy of the sciatic nerve, and migraine headaches have all been granted.,The Veteran's petition to reopen the previously denied claim for left knee degenerative joint disease has been granted. The issues of service connection for traumatic brain injury, tinnitus, left lower extremity radiculopathy of the sciatic nerve, right lower extremity radiculopathy of the sciatic nerve, and migraine headaches have all been remanded.

The Board has determined that the Veteran's TBI residuals do not meet the criteria for service connection due to insufficient evidence of significant cranial or neurological pathology consistent with a TBI.

The Board dismissed all issues on appeal due to the Veteran's withdrawal of his appeal.

The Board has denied a higher rating for the Veteran's right shoulder strain and has remanded issues regarding his right hand arthritis and residuals of TBI.

The Board has remanded the cases for further development and an addendum opinion regarding service connection for Traumatic Brain Injury. The issues of service connection for Sleep Apnea are also inextricably intertwined with the TBI case.

The Veteran's petition to reopen his claim of entitlement to service connection for hearing loss is dismissed. His petition to reopen his claim of entitlement to service connection for residuals of a traumatic brain injury (TBI) is granted, and the claim is granted. The Veteran’s petition to reopen his claim of entitlement to service connection for an acquired psychiatric disorder is denied. The Veteran's petition to reopen his claim of entitlement to service connection for tinnitus is granted.

The Board has determined that additional development is needed before the claims for service connection for bilateral hearing loss, frostbite residuals of the hands, and right shoulder disability can be adjudicated.

The Board has determined that further development is necessary before a decision on the merits may be made regarding the issues of entitlement to higher initial ratings for PTSD, TBI, and an increased rating for left wrist disability. The Veteran was last provided a VA examination relating to his PTSD in April 2010, over nine years ago, relating to his TBI in June 2010, over nine years ago, and relating to his left wrist in March 2013, or six years ago. During the August 2019 Board hearing, the Veteran testified that his service-connected PTSD, TBI, and left wrist disability have increased in severity. In light of the Veteran’s assertions, new VA examinations are required so that the current nature and severity of the Veteran's service-connected disabilities may be determined.

The Veteran's service connection claim for residuals of a traumatic brain injury is granted. The claims for increased ratings for degenerative joint disease of the bilateral knees are remanded.

The Board has determined that the Veteran's claims for service connection are remanded due to duty-to-assist errors and conflicting medical opinions. The issues of residuals of frostbite, tension headaches, and blindness of the left eye (as secondary to tension headaches) will be addressed again with new evidence and examination.