Traumatic brain injury (TBI) decisions — 2019

The Veteran's claims for increased evaluations of his acquired psychiatric disorder and traumatic brain injury are being remanded due to the need for additional examinations to assess the current severity of these conditions.

The Board has decided to remand the case due to a duty to assist error, and requires further examination to determine if the Veteran's current disabilities are related to his service.

The Board has remanded the Veteran's claims for PTSD and TBI due to a lack of VA examinations, and requests that additional evidence be obtained.

The Veteran's claims for service connection for TBI and PTSD/Depression are being remanded due to the need for additional development, including obtaining complete military records and a VA mental health examination.

The Board has decided to remand the cases for further examination and medical opinions regarding service connection for a stomach disability, including GERD, and traumatic brain injury (TBI).

The Board has remanded the claims of service connection for TBI, acquired psychiatric disability including PTSD and anxiety/depression secondary to TBI, and erectile dysfunction secondary to acquired psychiatric disability due to inadequate examinations and potential missing in-service treatment records.

The Board has remanded the cases for further development and examination as they pertain to service connection for TBI, neck disability, spinal fusion (low back disorder), and headaches.

The Veteran's service-connected migraine headaches associated with traumatic brain injury are rated at 30% prior to March 6, 2018 and denied for a higher rating. The Veteran's partial complex seizure disorder is rated at 40%, which is the maximum allowed under current criteria.

The Board has remanded the cases for further development and consideration due to insufficient evidence regarding the current severity of the Veteran's service-connected PTSD with TBI, which could impact his entitlement to a total disability rating based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims for increased evaluations for frostbite of the hands and feet on an extraschedular basis due to potential additional symptoms not contemplated by the schedular evaluation criteria.

The Board has granted service connection for residuals of a traumatic brain injury and an acquired psychiatric disorder, including schizoaffective disorder, both found to be related to the Veteran's in-service TBI.

The Board has denied service connection for residuals of a traumatic brain injury and headaches. The case is remanded to obtain additional medical records and schedule the Veteran for a psychiatric examination to determine if his acquired psychiatric disorder, including PTSD, depression, bipolar disorder, drug dependency, and alcoholism, are related to in-service head trauma.

The Veteran's appeals for earlier effective dates and disability evaluations are being remanded due to duty-to-assist errors. The TDIU claim is also being remanded as the RO failed to provide an Informal Conference.

The Veteran's TBI and its residuals require regular aid and attendance, but not a higher level of care. The absence of such regular aid and attendance would result in the need for hospitalization or other institutional care.

The Veteran's appeal for a higher disability rating for bilateral pes planus and for service connection for hemorrhoids has been dismissed.,Service connection was granted for GERD, but the appeals for fibromyalgia, a bilateral eye condition (to include as secondary to or as residuals of traumatic brain injury (TBI)), and a creative organ disorder have been remanded.

The Board has dismissed the Veteran's claims for service connection for chronic fatigue syndrome, traumatic brain injury, and bilateral hearing loss. The Veteran was granted a TDIU based on his service-connected disabilities.

The Board has remanded the case due to a need for additional development and review of updated VA treatment records, as well as readjudication of the issue of an increased rating for migraine headaches secondary to service-connected traumatic brain injury.

The Board has remanded the case due to insufficient evidence regarding the current severity of the Veteran's post-concussive headaches and for obtaining updated VA treatment records. The Veteran is seeking increased ratings for his TBI and post-concussive headaches.

The Board has remanded the case due to incomplete development and the need for an addendum opinion regarding whether the Veteran's TBI was caused or aggravated by his service-connected PTSD.

The Veteran's residuals of traumatic brain injury did not meet the criteria for a higher than 40 percent rating, as the highest level of evaluation for any facet was at Level 2.