Traumatic brain injury (TBI) decisions — 2019

The Board has restored the 10 percent ratings for thoracolumbar strain, right knee disability, and left knee disability effective September 1, 2014.,The TBI rating was reduced from 10 percent to noncompensable effective October 28, 2014.

The Board has remanded the claims for further development due to a lack of complete, current medical records and VA examinations. The Veteran's surviving spouse is substituted as the appellant.

The Veteran's service-connected disabilities, including bilateral lower extremity disabilities and several other conditions, have resulted in a combined rating of 100 percent. The Board has granted SMC benefits at the (r)(1) rate based on his need for regular aid and attendance due to his service-connected disabilities. Additionally, the Veteran is eligible for specially adapted housing as he meets the criteria for loss or use of both lower extremities.

The appeal of the issue regarding service connection for a left elbow disorder is dismissed. The remaining issues on appeal are remanded.

The Veteran's anxiety disorder, panic disorder, and TBI residuals have been granted a 70 percent rating effective from August 28, 2014.

The Board has determined that the Veteran does not have current residuals of a traumatic brain injury associated with his in-service head injury, and therefore service connection for this condition is denied.

The Board denied the Veteran's claim for TDIU prior to February 25, 2014, finding that his service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment.

The Board has decided that the Veteran's claim for service connection for residuals of a traumatic brain injury should be remanded to obtain updated VA treatment records and authorization for private treatment records.

The Veteran's claims for service connection for an acquired psychiatric disorder (claimed as PTSD) and traumatic brain injury were denied because the evidence did not support a causal relationship between these conditions and his military service.

The Veteran's service-connected disabilities do not result in loss of use of a lower extremity, blindness, or full thickness burns. Therefore, he is not eligible for financial assistance for specially adapted housing.

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.