Traumatic brain injury (TBI) decisions — 2018

The Veteran's claims for TBI and PTSD are being remanded due to the need for additional examinations to assess the current severity of his conditions.

The Veteran's TBI residuals are not productive of any deficits in memory, attention, concentration, or executive functions. His PTSD symptoms have resulted in some social and occupational impairment prior to December 16, 2016, but since then he has experienced more severe symptoms warranting a 50% rating.

The Veteran's post traumatic headaches and bipolar disorder are currently rated at 30 percent and 50 percent, respectively. The Board denied the claims for higher ratings as there was no evidence of very frequent completely prostrating and prolonged attacks or occupational and social impairment with deficiencies in most areas.

The Board is remanding to determine when VA received a document labeled 'Third Party Correspondence' with a receipt date of April 1, 2010, which contains an SSA determination. The Veteran's representative claims this evidence should have been considered in the May 2010 rating decision that denied TDIU.

The Board has decided that the claims of service connection for various disabilities, including back disability, bilateral hip disability, left knee disability, bilateral eye disability, bilateral hearing loss, vertigo, tinnitus, trouble speaking, TBI, and headaches are remanded due to new evidence received after the last statement of the case.

The Board has remanded the Veteran's claim for VR&E benefits due to incomplete development. The AOJ is instructed to obtain any vocational rehabilitation records and readjudicate the claim, considering the August 2016 memorandum decision from the Court of Appeals for Veterans Claims.

The Board has granted service connection for bilateral vision loss and frostbite residuals of the feet, finding that these conditions are related to in-service events. The Veteran's testimony and medical records support his claims.

The Veteran's service connection for residuals of a traumatic brain injury (TBI) is granted. The appeal regarding PTSD ratings and TDIU is remanded.

The Board has granted a rating of 50 percent for tension headaches and a 10 percent rating for TBI residuals, both subject to the monetary limits on financial awards. The issues regarding service connection for shoulder disabilities and TDIU have been remanded.

The Veteran's service-connected TBI with headaches is granted a disability rating of 30 percent, which reflects the severity of his prostrating attacks occurring at least once a month.

The Veteran's service-connected TBI and cognitive impairment are granted, with an initial rating of 70 percent for PTSD.

The Board has reopened the claim of service connection for head injury residuals and recurrent TBI residuals, but finds that further development is needed before these claims can be adjudicated.

The Board has restored the Veteran's TBI disability rating from 100% to 40%, as the reduction was not in accordance with law due to a failure to consider whether there was an actual improvement in the Veteran’s ability to function under ordinary conditions of life and work.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, meeting the criteria for a total disability rating based on individual unemployability (TDIU).

The Board has determined that the Veteran's obstructive sleep apnea, traumatic brain injury (TBI), and headaches are related to his service. However, due to the dishonorable period of service from August 2008 to April 2012, these conditions cannot be directly linked to this period. The Board has therefore ordered a remand for further examination and opinion.

The Veteran's initial disability rating for service-connected PTSD was granted, but a higher rating is denied. The initial disability rating for TBI residuals remains at 10 percent and the increased disability rating claim for PTSD is also denied.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and examinations.,A VA examination is required to determine if the Veteran’s chronic kidney disease is related to his military service.

The Veteran's PTSD is currently rated at 70 percent, and the Board finds that it does not meet the criteria for a higher rating.,The Veteran's TBI residuals are currently rated at 10 percent, and the Board finds that they do not meet the criteria for a higher rating.,The Veteran's degenerative arthritis of the thoracolumbar spine with levoscoliosis and strain is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board has remanded the claims for service connection due to insufficient evidence and need for additional examinations. The Veteran's current disabilities are being reviewed, but no specific rating or effective date is provided.

The Board has granted service connection for right shoulder posttraumatic arthritis, labrum tear, and degeneration. The Veteran's claim for a disability rating in excess of 20% for lumbar spine, status post L4-5 fusion residuals with intervertebral disc syndrome is withdrawn. The Board has also remanded the issue of entitlement to an initial compensable disability rating for traumatic brain injury.