Traumatic brain injury (TBI) decisions — 2019

The Veteran's appeal for an increased disability rating for residuals of traumatic brain injury and service connection for personality disorder was dismissed.,The Veteran's claim for a 100 percent disability rating for PTSD was granted, effective from the date of his claim.

The Veteran's application to reopen the claim for service connection for right hip bursitis is granted. Service connection for traumatic brain injury (TBI) and convergence insufficiency (CI) are also granted.,Service connection for right lumbar radiculopathy remains denied, as an updated examination is needed.,The Veteran's TBI is granted, with service connection established based on combat presumption.,Convergence insufficiency (CI) is granted secondary to the Veteran's service-connected traumatic brain injury (TBI).,Service connection for headaches is denied.

The Board has reopened the Veteran's claims for service connection for TBI, Degenerative Arthritis of the Lumbar Spine and Bilateral Radiculopathy, Residuals of TBI, and Tinnitus. The claims are granted to this extent. However, due to new evidence received since the last denial, the Board is remanding the Veteran's claims for service connection for Hearing Loss and Left Eye Injury.

The Veteran's claims for higher ratings of his service-connected residuals of a traumatic brain injury, headaches, and posttraumatic stress disorder are remanded due to the need for additional examinations.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various conditions, including hearing loss, TBI, fatigue, headaches, gastrointestinal disorder, respiratory disorder, and scars. The claims are being remanded to allow for further examination and evaluation.

The Board has granted service connection for a Traumatic Brain Injury (TBI) based on the Veteran's combat service, resolving all reasonable doubt in his favor.

The Veteran's migraine headaches are granted a 50% rating effective May 26, 2009.,An initial compensable rating for asbestosis is denied.,A 100% rating for residuals of TBI is granted and effective September 22, 2009.

The Board has denied service connection for TBI and remanded the issue of service connection for right shoulder injury due to insufficient evidence.

The Board has remanded several issues related to the Veteran's service connection claims, including TBI with vertigo, left hip disability, right hip disability, left ankle disability, and scalp neuropathy. The matters will be returned for further development.

The Veteran's TBI is currently rated at 40 percent, and the Board has found that this rating is not higher than what is warranted based on his symptoms. The issue of a total disability rating due to service-connected disabilities (TDIU) is remanded for further development.

The Board denied the Veteran's claim for an earlier effective date for the grant of service connection for Traumatic Brain Injury (TBI), claimed as cerebral contusion, finding no clear and unmistakable error in the April 1985 rating decision.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities, including PTSD, migraine headaches (secondary to traumatic brain injury), status-post fracture of the right thumb, and tinnitus.

The Board has decided to remand the case due to incomplete records and a need for further examination. The Veteran's TBI is being reviewed, but no new rating or effective date will be assigned at this time.

The Board has decided to remand the claims for further examination and opinion regarding TBI residuals, including cognitive disorder, headaches, and diplopia. The examiner is asked to assess the current severity of these conditions and determine if neck and back pain are related to or a residual of any service-connected disabilities.

The Veteran's claims for increased ratings and effective dates have been remanded due to the need for additional medical examinations.,Service connection claims for chronic diarrhea, a respiratory condition, hearing loss, bilateral shoulder pain, bilateral ankle pain, bilateral knee pain, and lower back pain are also remanded.

The Board has remanded the claims for a rating in excess of 20 percent for degenerative spondylitis and disc disease L5/S1, an initial compensable rating for vascular headaches, and an initial rating in excess of 10 percent for residuals of traumatic brain injury (TBI). The eligibility to Dependents’ Educational Assistance (DEA) benefits is also remanded.

The Veteran's migraines are granted a 10 percent rating from March 19, 2015 to May 19, 2017. A higher rating is denied. The claim for separate ratings for PTSD and TBI is denied. The combined rating for PTSD with TBI remains at 70 percent.

The Veteran's appeal for an increased rating for vertigo remains pending. The Board has remanded the claims of higher ratings for PTSD with TBI, bilateral hearing loss, and left foot pes planus.,Further development is needed to obtain VA treatment records from the Coatesville VAMC, reschedule a VA audiological examination, and conduct a comprehensive VA examination to assess the severity of the Veteran's service-connected left foot disorder.

The Veteran's PTSD is rated at 70 percent, effective from the date of the decision. The Veteran's TBI remains noncompensable.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to determine if the Veteran's acquired psychiatric disorder is secondary to his service-connected conditions. The issues of increased rating for posttraumatic headaches prior to December 11, 2017, and entitlement to TBI compensation are also remanded.