Traumatic brain injury (TBI) decisions — 2018

The Veteran's anxiety disorder, panic disorder without agoraphobia, and depression with mild TBI were granted a 100% schedular rating effective November 29, 2017.,A total disability rating based on unemployability due to service-connected anxiety disorder, panic disorder without agoraphobia, and depression with mild TBI was granted from October 29, 2009, up to May 3, 2013.

The Veteran's service-connected other specified trauma/stressor-related disorder (previously PTSD) is rated at 50 percent from March 1, 2011 to January 24, 2017. The issues of service connection for TBI and sleep apnea are remanded as well as the claims for major depressive disorder secondary to a service-connected psychiatric disorder, an initial rating in excess of 50 percent for other specified trauma/stressor-related disorder (previously PTSD), and ratings in excess of 20 percent for chronic lumbosacral muscular strain with degenerative disc disease of the thoracic spine and posttraumatic synovitis of the left ankle.,The Veteran's service-connected psychiatric disorder is rated at 50 percent from March 1, 2011 to January 24, 2017. The issues of service connection for TBI and sleep apnea are remanded as well as the claims for major depressive disorder secondary to a service-connected psychiatric disorder, an initial rating in excess of 50 percent for other specified trauma/stressor-related disorder (previously PTSD), and ratings in excess of 20 percent for chronic lumbosacral muscular strain with degenerative disc disease of the thoracic spine and posttraumatic synovitis of the left ankle.

The Board denied the claims of service connection for diabetes mellitus, pes planus, paranoid schizophrenia, residuals of a back injury, and frostbite. The claim for diabetes mellitus was reopened but not granted as there is no evidence linking it to service.

The Veteran's claims for increased ratings for headaches associated with TBI and for TBI itself are being remanded due to the need to obtain VA treatment records from his recent hospitalizations.

The Board has remanded the case due to inadequate findings regarding whether the Veteran's TBI and headaches are related to service or a service-connected disability.

The Board has remanded the case due to the need for additional evidence related to the Veteran's right knee disability and TBI claim, including medical records from his total knee replacement and any VA treatment he may have received.

The Veteran's TBI residuals are granted as service connection is established due to a mortar attack during active duty.

The Veteran's PTSD is rated at 70 percent from November 12, 2015. His TBI residuals are also service-connected and rated as part of his PTSD rating.

The Board has decided to remand the Veteran's claims of service connection for headaches, GERD, TBI, and sleep apnea due to his failure to attend scheduled VA examinations. The AOJ must reschedule these examinations on remand.

The Veteran's claims for service connection for TBI and sleep disorder have been denied as there is no evidence of a direct relationship to his active duty service or any other condition.,Regarding the issue of increased rating for left upper extremity radiculopathy, the Board has dismissed this claim due to improper pyramiding.

The Veteran's TBI is manifested by normal function in all facets, and no compensable rating can be assigned as his symptoms are due to other conditions.

The Veteran's bilateral hearing loss is granted as service-connected. The Veteran does not have a current diagnosis of TBI or PTSD that can be linked to his military service.

The Veteran's PTSD with alcohol abuse is rated at 70 percent, effective from the date of this decision.,His lumbar DJD and DDD are currently rated at 20 percent.

The Board has remanded the Veteran's claims for increased ratings for headaches and TBI, as well as his claim for a total disability individual unemployability (TDIU) prior to November 19, 2014. The case is being returned to the Board for further development.

The Board finds that the evidence is evenly balanced as to whether the Veteran currently suffers from residuals of a TBI incurred in service. The appeal for service connection for TBI is granted.

The Veteran's reduction in disability rating for TBI residuals from 40% to 0% was not proper and is void ab initio. A compensable rating for a headache disorder prior to January 20, 2016, and in excess of 30% thereafter, is denied.

The Board has remanded the Veteran's claims for service connection for headaches, as well as his claim for TDIU. The appeals are being returned to the RO for additional development and consideration.

The Veteran's PTSD rating has been reduced from 100% to 70%, and his special monthly compensation based on housebound status has been discontinued. These decisions are being remanded due to procedural issues.

The Board denied service connection for PTSD and TBI as there is no current evidence of these conditions, despite the Veteran's reported symptoms. The claim for an increased rating for hearing loss was also remanded due to lack of recent examination.

The Board has granted service connection for residuals of frostbite on the left side of the Veteran's face, skin cancer of the left ear, and an acquired psychiatric disorder (PTSD). The conditions are found to be related to in-service events.