Traumatic brain injury (TBI) decisions — 2019

The Veteran's PTSD is currently rated at 50 percent, which reflects occupational and social impairment with reduced reliability and productivity.,The Veteran’s migraine and tension headaches are currently rated at 30 percent, reflecting prostrating attacks occurring several times per month.

The Veteran's PTSD has been granted a total disability evaluation, effective from the date of claim (March 22, 2007).,Service connection for PTSD is denied as there is no evidence of a prior claim before March 22, 2007.

The Board has remanded the Veteran's claims for service connection for residuals of a traumatic brain injury and an acquired psychiatric disorder other than PTSD, to include schizophrenia. The Regional Office is instructed to obtain private treatment records from various providers and readjudicate the cases.

The Board has decided that a new VA examination is needed to determine if the Veteran currently has residuals of a traumatic brain injury, including from service. The current evidence does not meet the criteria for service connection.

The Board has remanded several issues for further development, including obtaining missing in-service medical records from Fort Jackson. The Veteran's claims of service connection for various conditions are pending and will be reconsidered after the additional evidence is obtained.

The Veteran's service-connected disabilities, including frostbite and cold injury residuals, prevented him from obtaining and retaining substantially gainful employment.

The Veteran's claims for increased evaluations and earlier effective dates are being remanded due to the need for additional development, including obtaining medical records and possibly a VA examination. The TDIU claim is also on appeal.

The Veteran's service connection claims for residuals of TBI and a headache disability are granted. The Board found that the current residuals of TBI were attributable to in-service events, and his post-concussive headaches were incurred during active service.

The Board has granted the reopening of claims for service connection for a right eye disability, respiratory disability, right hip disability, and TBI. However, it denied these claims as there is no evidence to support that any of these conditions were incurred or aggravated by military service.

The Veteran’s claim is denied as the RO did not contain clear and unmistakable error in denying service connection for residuals of left rib fracture. The Veteran is granted an initial rating of 10 percent for his service-connected TBI, but no higher. His claims for increased ratings for PTSD and Crohn's disease are denied. An earlier effective date for the award of a 30 percent rating for Crohn's disease is also denied.

The Veteran's claims for service connection for various conditions, including left ear hearing loss, hypertension, TIA, high cholesterol, TBI, headache disorder, sleep disorder, right knee disorder, and left knee disorder have all been denied. The Board found that there was no evidence of in-service incurrence or continuity of symptomatology for these conditions.

The Veteran's claim for an increased rating in excess of 10 percent for service-connected residuals of a traumatic brain injury is being remanded due to the need for additional VA examinations and treatment records.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Board has dismissed the appeals for PTSD and TDIU, as the appellant withdrew his appeal. The left ankle disability and TBI residuals are remanded for further examination.

The Veteran withdrew his appeal for right ear hearing loss. The Board has remanded the remaining issues: left chronic otitis media with cholesteatoma, bipolar disorder, vertigo, TBI, and PTSD.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 40 percent for traumatic brain injury (TBI) and a total disability rating based on individual unemployability (TDIU). The Veteran should be afforded another VA examination to assess the severity of his TBI. The issue of entitlement to a TDIU is also remanded due to its inextricability with the TBI claim.

The Veteran's service-connected TBI is currently rated at 10 percent. The Board has determined that a new VA examination is needed to assess the current severity of his condition.

The Board has dismissed the appeals regarding service connection for TBI and PTSD. Service connection for hypertension is denied, and an acquired psychiatric disorder claim is remanded.

The Veteran's appeals for service connection on three issues have been dismissed due to his death during the appeal process.