Traumatic brain injury (TBI) decisions — 2019

The Board has ordered remand for a new VA examination to address the impact of service-connected disabilities on the Veteran's ability to dress, undress, and attend to personal hygiene needs. Additionally, a TBI examination is needed to determine if the Veteran has residuals from his reported traumatic brain injury (TBI), including a seizure disorder.

The Veteran's appeals for service connection were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.

The Veteran's claims for initial compensable rating for TBI and a greater than 30 percent rating for PTSD are remanded due to the need for new examinations to assess current manifestations and severity of these conditions.

The Veteran's TBI residuals have been rated as 10 percent disabling. The Board found that the evidence does not support a higher rating, as his symptoms do not meet or approximate the criteria for a higher disability evaluation.

The Veteran's current TBI residuals are not considered to be related to his head injuries in service, and the Board has determined that service connection for these residuals is denied.

The Board has decided to remand two issues: service connection for seizures secondary to a service-connected TBI and the increased rating for a TBI. The Veteran needs new examinations due to his testimony of increased symptoms and treatment records since February 2017.

The Veteran's service-connected posttraumatic headaches with migraine features associated with traumatic brain injury are currently rated at 30 percent, and the Board denied a higher rating.,Prior to August 14, 2017, the Veteran's service-connected PTSD was rated at less than 10 percent. After that date, it is rated at 50 percent.,The Veteran's service-connected PTSD since August 14, 2017 has been found to have symptoms approximating occupational and social impairment with reduced reliability and productivity.

The Veteran's cirrhosis of the liver is granted as secondary to service-connected PTSD with alcohol abuse disorder.,Service connection for prostate cancer and right hand disorders are denied.,Service connection for hypertension, residuals of frostbite, and headache disorder are remanded due to insufficient evidence.

The Veteran's service-connected chronic organic brain syndrome (including TBI) was restored to a 70% rating from January 1, 2018, to October 24, 2018. A total disability rating based on individual unemployability due to service-connected disabilities was granted starting from August 6, 2014.

The Board has determined that the VA examination and opinion provided are inadequate for determining service connection for TBI. Therefore, a new examination is required to determine if the Veteran's TBI is related to his military service.

The Board has dismissed all the appeals for increased ratings as the Veteran withdrew his appeals prior to a decision being made.

The Board has remanded the issues of service connection for TBI, a compensable evaluation for bilateral hearing loss prior to December 1, 2017, and in excess of 10 percent beginning December 1, 2017, as well as the issue of entitlement to TDIU prior to December 1, 2017.

The Veteran's claims for service connection on multiple conditions were dismissed due to his death.

The Veteran's PTSD symptoms are already considered in his current TBI rating, so he is not entitled to a separate compensable evaluation for PTSD.

The Veteran's TBI claim is remanded due to the inadequacy of a recent VA examination and the need for new evidence.

The Board has remanded the case due to the need for further development and examination regarding the etiology of neck and back pain, as well as whether these conditions are related to service-connected traumatic brain injury with headaches.

Service connection is granted for tinnitus and PTSD, with a rating of 70 percent effective June 3, 2014. The Veteran's erectile dysfunction is not service-connected, but he has been granted a TDIU due to his PTSD. Bilateral hearing loss and residuals of a traumatic brain injury are remanded.

The Veteran's claims for service connection for TBI and dementia, as well as his claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU), were denied. His cause of death was also denied.

The Board has dismissed the appeals of the Veteran's claims for frostbite and numbness, as they are related to his death.

The Board has decided to remand the case due to an inadequate examination in determining if the Veteran's current cognitive impairment and other TBI residuals are related to his service. The Veteran needs a more comprehensive evaluation by VA.