Traumatic brain injury (TBI) decisions — 2019

The Veteran's TBI was granted a 100% evaluation in September 2016, but no NOD was filed. The appellant argues that this is equivalent to granting TDIU, which requires a schedular rating less than total and unemployability due to service-connected disabilities. The Board finds the argument invalid.

The Board has remanded the Veteran's claims for bilateral hearing loss, an acquired psychiatric disorder (including PTSD), residuals of a head injury (TBI), hypertension, and bruxism. The VA will schedule examinations to clarify these conditions and assess their relationship to service.

The Board denied service connection for a traumatic brain injury, chronic headache disorder, and right lower extremity radiculopathy as there was no evidence of these conditions during or after the Veteran's active service.

The Veteran's bilateral hearing loss and tinnitus are granted service connection. The Veteran's frostbite residuals of the left foot, right foot, and right lower leg burn are remanded for further examination.

The Veteran's appeal of the denial of a rating higher than 50 percent for PTSD is remanded.,The appeals of service connection for post-traumatic changes of the mid-left femur, right hip arthritis, and left knee disability are dismissed due to inadequate substantive appeals.,The appeals of service connection for right knee disability and TBI are remanded.

The Board has remanded the case for further action on earlier effective dates for SMC and increased ratings for service-connected residuals of frostbite of the bilateral hands and feet. The Veteran's need for aid and attendance is also under review.

The Veteran's initial claim for a higher evaluation for his right eye disorder to include injury residuals and traumatic retrobulbar optic neuritis was denied.,The Veteran's initial rating for TBI residuals prior to February 15, 2013 was granted at 40 percent.

The Veteran's PTSD prior to September 20, 2017 was rated at 50 percent disabling. From September 20, 2017, the combined rating for PTSD and TBI is also 70 percent.

The Veteran's service-connected PTSD is granted. The Veteran's left and right knee patellofemoral pain syndrome are each rated at 10 percent, effective July 1, 2016. The Veteran's service-connected left ankle strain is rated at 10 percent, effective February 23, 2016. The Veteran's service-connected right ankle arthritis is rated at 20 percent, effective February 23, 2016. The Veteran's scar, right ankle, TBI, and migraine headaches are not granted increased ratings.

The Veteran's claims for service connection for residuals of a TBI and an acquired psychiatric disorder, to include PTSD and depression, are remanded due to the need for further examination and evaluation. The SMC claim is also remanded as it is intertwined with these issues.

The Board has denied the appellant's claims for service connection for various conditions, including a lumbar spine disability and several musculoskeletal issues. The appeal was also denied for TDIU due to lack of evidence showing unemployability.

The Veteran's claims for increased ratings were denied. The TBI and headache disability are not rated higher than the current 0% evaluations, while the PTSD rating remains at 70%. No new evidence was presented to reopen the PTSD claim.

The Veteran's claims for increased ratings and TDIU are being remanded due to the failure of VA to obtain relevant medical records, particularly from August 2009 onwards. The Board also finds that contemporary examinations are needed for both right shoulder disability and traumatic brain injury.

The Veteran's death was due to a motor vehicle accident. The appellant filed an original claim for DIC benefits in early January 2014, which was denied by the RO. No communication regarding DIC benefits was received from the appellant until April 30, 2018, when she submitted new and material evidence supporting her claims of Traumatic Brain Injury and Posttraumatic Stress Disorder as contributing to death. The RO granted an effective date of April 30, 2018 for the award of DIC benefits based on this new evidence.

The Board denied the Veteran's claims of service connection for a Traumatic Brain Injury (TBI) and Obstructive Sleep Apnea (OSA), including as secondary to TBI, due to lack of evidence supporting these conditions or their relationship to service.

The Veteran's claim for service connection for residuals of traumatic brain injury, cervical spine disability, lumbar spine disability, bilateral upper extremity radiculopathy, and bilateral lower extremity radiculopathy is being remanded due to the need for additional development.,Service connection was denied for all claimed conditions as there is no evidence of a current disability related to service.

The Veteran's migraine headaches are granted a 30 percent rating effective July 3, 2018. The Veteran's PTSD is granted a 50 percent rating from August 3, 2016 and denied for an initial rating in excess of 50 percent from August 17, 2015. A compensable rating (10%) is granted for TBI.

The Board has dismissed all issues of entitlement to service connection as the Veteran died during the appeal process.

The Veteran's claims for service connection for mild traumatic brain injury with cognitive and memory disorder residuals, secondary to his right knee condition, and a temporary total rating based on convalescence following the March 2012 fall are being remanded due to incomplete medical records.

The Board has denied service connection for a traumatic brain injury and remanded the issues of service connection for glioblastoma multiforme, cause of death, and SMC based on need for aid and attendance or housebound status. The case is being returned to the RO for further development.