Traumatic brain injury (TBI) decisions — 2019

The Board has remanded the claims for service connection and rating of PTSD, as well as TDIU due to the need for additional medical opinions regarding the nature and etiology of sleep apnea, traumatic brain injury, and seizure disorder. The Veteran's testimony indicates that his PTSD symptoms have worsened.

The Board has determined that the Veteran's service-connected disabilities did not meet the percentage requirements for a TDIU under 38 C.F.R. § 4.16(a) prior to January 20, 2012. However, due to VA policy requiring all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities to be rated totally disabled, the case must be submitted to the Director of Compensation Service for extraschedular consideration of a TDIU under 38 C.F.R. § 4.16(b). The Board has decided that referral is warranted for this issue.

The Veteran's cause of death was not due to a service-connected disability, and his service-connected disabilities did not contribute substantially or materially to his death.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of loss of use of extremities, blindness in both eyes with 20/200 visual acuity or less, and other specific requirements.

The Veteran's service connection claims for tinnitus, right foot plantar fasciitis, left foot plantar fasciitis, and bilateral hearing loss disability are granted. Claims for other conditions such as left foot ingrown toenail, right foot ingrown toenail, left shoulder, right shoulder, low back, right knee, left knee, sleep apnea, tachycardia, hypertension (claimed as high blood pressure), erectile dysfunction, TBI, headache, and acquired psychiatric disability are denied.

The Board denied the Veteran's claims of service connection for right and left foot conditions with frostbite, finding that there was no evidence to support a link between these conditions and his military service.

The Veteran's appeal for earlier effective dates for the grants of service connection for PTSD with TBI and migraine headaches disabilities has been dismissed.,Service connection for a bilateral knee disorder is denied, while the claim for an initial rating higher than 70 percent for PTSD with TBI remains pending. The claims for erectile dysfunction and migraine headaches require further examination.

The Board has remanded the claims for service connection due to outstanding VA and Social Security Administration (SSA) records.

The Board has remanded the claims for an initial rating in excess of 30 percent from June 19, 2013 for post-concussive headaches associated with a TBI and for initial ratings in excess of 10 percent for radiculopathy of the left and right lower extremities. The Veteran is to undergo additional VA examinations to clarify his symptoms and their impact on work.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection and evaluations of various disabilities. The Veteran will need to undergo VA examinations to determine the nature and etiology of his claimed conditions, as well as to assess the severity of his current disabilities.

The Board has remanded the claims for service connection for TBI residuals and a compensable rating for GERD from November 1, 2014 due to insufficient medical opinions regarding the relationship between the Veteran's conditions and his military service.

An increased disability rating of 40 percent for lumbar disorder is granted effective April 1, 2008.,A higher disability rating in excess of 20 percent prior to April 1, 2008, and a compensable rating thereafter for TBI with cephalgia are denied.

The Veteran's service-connected disabilities are not found to have caused or contributed substantially and materially to his death. The case is remanded for further development.

The Board denied the Veteran's claims for service connection for various conditions, including cervical spine disability, left upper extremity radiculopathy, obstructive sleep apnea, memory loss claimed as secondary to TBI, and an acquired psychiatric disorder other than PTSD. The appeals were remanded for further action on some issues.

The Veteran's request to reopen service connection for a back disorder is denied. Service connection for residuals of traumatic brain injury is granted, but the initial rating for bilateral hearing loss remains noncompensable.

The Veteran's PTSD with anxiety and cognitive disorder due to TBI is currently rated at 70 percent, but the Board finds that his symptoms do not warrant a higher rating as they do not meet the criteria for total occupational and social impairment.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions and evidence collection. The Board will consider each condition individually, including tinnitus, sulfa drug allergy, low back disorder, vertigo, narcolepsy, headache disorder (secondary to TBI), acquired psychiatric disorder (secondary to TBI), and IBS.

The Board has denied the Veteran's claims for service connection for residuals of cold injury, prostate cancer, and diabetes mellitus. The evidence does not support a finding that these conditions are related to his active military service.

The Veteran's claims for service connection for TBI, back disorder, left lower extremity peripheral neuropathy, and neck disorder are denied. The claims for reopening of service connection for headache disorder and skin disorder are remanded.

The Veteran's appeals for service connection and rating determinations have been dismissed due to his withdrawal of all remaining claims.