Traumatic brain injury (TBI) decisions — 2019

The Veteran's service-connected depression of the skull and TBI have not been rated higher than their current noncompensable levels, as there is no evidence of brain hernia or significant cognitive impairment.

The Veteran's claim for a compensable disability rating for migraines was denied, and the issue of an increased disability rating for PTSD and TBI residuals is remanded.

The Board has remanded the claims for service connection for bilateral hearing loss, tinnitus, TBI, a head scar, and a bilateral eye disability due to new evidence submitted by the Veteran. The claims are being reopened for the bilateral eye disability claim.

The Veteran's claim for service connection for headaches associated with residuals of TBI was granted, and an effective date of June 29, 2002 is assigned.,For the period prior to May 29, 2014, a rating of 70 percent for mood disorder due to TBI is granted.,TDIU benefits are granted from July 1, 2009 to May 28, 2014.,The Veteran's claim for increased rating for mechanical back pain prior to May 28, 2014 remains pending and requires further evidence.,A compensable rating (10 percent) is granted for residuals of TBI including subjective impairment of the left side.

The Board denied service connection for residuals of TBI and infertility, finding that the Veteran did not have any diagnosed conditions attributable to her in-service traumatic brain injury. The claim for infertility was remanded.

The Veteran's claims for service connection for a rib condition, TBI residuals (including headaches and tinnitus), and an initial evaluation in excess of 50 percent for PTSD have been denied. The Board found that there was insufficient evidence to establish service connection for these conditions.

The Veteran withdrew his appeal on the issues of service connection for psychiatric disorder, traumatic brain injury, headaches, left eye disability, and bilateral hearing loss disability.

The claims for service connection for residuals of a TBI and a respiratory disorder are being remanded due to the need for additional medical examination. The Veteran's symptoms have persisted since his in-service head injury, and he has reported breathing problems related to exposure to smoke from welding.

The Veteran's bilateral hearing loss claim is dismissed as he withdrew the issue from appeal.,Service connection for left and right knee conditions, diagnosed as patellofemoral pain syndrome, is granted due to continuity of symptomatology since service.,Service connection for an acquired psychiatric disorder, including post-traumatic stress disorder (PTSD) and depressive disorder with alcohol dependence, is granted based on credible supporting evidence of in-service stressors and a current diagnosis of PTSD.,Service connection for traumatic brain injury is granted due to a documented in-service skull fracture.

The Veteran's TBI with mild memory loss, blurry vision and headaches is currently rated at 10 percent. The Board has ordered a new examination to assess the current severity of his condition.

The Board has remanded the cases for further development and examination to determine if any of the Veteran's disabilities are related to service. The issues include right knee disability, lumbar disability, nasal disorder, TBI, OSA, and an acquired psychiatric disorder.

The Veteran's PTSD with TBI is rated at 70 percent, effective September 11, 2015. The appeal for an earlier effective date was denied as the award of service connection occurred on the day after separation from active duty.

The Veteran's PTSD disability, which includes MDD and alcohol abuse, has been rated at 100 percent since March 5, 2012, due to total occupational and social impairment.

The Veteran's service-connected disabilities, including PTSD, headache disorder, right trigeminal neuralgia, tinnitus, disfiguring and painful facial scars, and traumatic brain injury residuals, have rendered him unable to secure or follow substantially gainful employment. As a result, the Board has granted TDIU for the entire period on appeal.

The Veteran's initial 40 percent rating for residuals of traumatic brain injury (TBI) is granted effective March 6, 2019. SMC based on the need for regular aid and attendance is also granted with a higher level of SMC from July 31, 2019.

The Veteran's post-concussive migraine headaches were granted a 10% rating prior to January 24, 2019 and denied any higher ratings. For the period since January 24, 2019, he was denied a rating in excess of 30%. The TBI residuals were also denied any higher ratings.

The Board has determined that the Veteran's PTSD is related to his military service and grants service connection for this condition. The cases of bilateral hearing loss and TBI are remanded due to insufficient evidence.

The Veteran's TBI with headaches and memory loss is granted a rating of 40 percent. The right knee disorder is also granted, but the left clavicle and shoulder disorders are remanded for further evaluation.

The Board has remanded the claims due to concerns about the evaluation criteria used and conflicting medical histories.

The Veteran is not competent to handle disbursement of VA funds due to his mental health condition, resulting in total occupational and social impairment.