Traumatic brain injury (TBI) decisions — 2019

The Veteran's appeal for a rating in excess of 10 percent for tinnitus was denied. The Board also remanded the claims for service connection for non-epileptic seizure associated with residuals of traumatic brain injury (TBI), residuals of TBI, tension headaches, posttraumatic stress disorder (PTSD) with depressive disorder not otherwise specified and alcohol abuse, and gastroesophageal reflux disease (GERD).

The Veteran's appeal for a higher initial rating for TBI with posttraumatic headache is remanded due to the need for clarification from the VA examiner regarding subjective symptoms and their impact on work.

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

The Board has determined that the Veteran's claims for bilateral hearing loss, traumatic brain injury (TBI), and sleep apnea need further development due to incomplete medical records and inconsistencies in the evidence. The case is being remanded to provide a new VA examination and obtain additional information.

The Veteran's claim for an initial rating in excess of 70 percent for PTSD, including mood disorder and traumatic brain injury is remanded due to the lack of medical records from his private psychologist.

The Board has granted the Veteran's claim of service connection for a right knee disability and TBI. The decision on TBI is remanded due to insufficient evidence.

The Board denied an initial disability rating in excess of 10 percent for TBI residuals, finding that the Veteran's cognitive impairment warranted a level '1' evaluation on the table of facets of cognitive impairment.

The Veteran's claim for service connection for residuals of traumatic brain injury was denied, but his claim for an increased evaluation for migraine headaches was granted and he is now rated at 50%.

The Veteran's TBI and related conditions were caused by VA medical treatment, specifically a fall during post-surgical care. The Board found that the proximate cause of the injury was due to negligence on the part of VA personnel.

The Veteran's appeal for a compensable rating for traumatic brain injury with cognitive disorder not otherwise specified has been dismissed due to the death of the Veteran.

The Board has remanded several claims for increased ratings and service connection, including those related to the Veteran's bilateral shoulder, elbow, cervical spine, thoracolumbar spine, hip, knee, ankle disorders, sinusitis, TBI, tension headaches, PTSD, and TDIU.

The Veteran's TBI is currently rated as part of his PTSD disability rating. The Board has ordered remand to obtain additional VA and SSA records, particularly related to the Veteran's TBI, in order to determine if a separate compensable rating for TBI should be granted.

The Veteran's service-connected disabilities result in a total combined evaluation of 100 percent, qualifying him for SMC under 38 U.S.C. § 1114(s). However, the evidence does not support an increase to the higher rate due to need for regular aid and attendance.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, to include PTSD, and for a total disability rating based on individual unemployability due to service-connected disability (TDIU). The evidence did not support the Veteran's assertions that his current mental health symptoms were related to service or that he was unable to secure and follow substantially gainful employment.

The Board has determined that the April 2007 and January 2014 rating decisions are not final, and as such, these claims should be construed as original claims for service connection. The Veteran's right knee disorder, back disorder, and traumatic brain injury (TBI) claims are remanded due to a lack of consideration of relevant VA examination reports.

The Board has determined that the Veteran's claim for a compensable evaluation for residuals of TBI requires further examination and opinion to determine the severity and nature of his service-connected disabilities. The case is being remanded to obtain this information.

The Veteran's TBI prior to August 17, 2017 is rated at 10 percent. From August 17, 2017, the combined rating for PTSD and TBI is denied.,The Veteran’s migraine headaches are rated at 30 percent from May 27, 2015 to present. The effective dates for service connection of TBI and posttraumatic headaches have been denied.

The Veteran's left knee arthritis is granted service connection. The olfactory disability, pancreatic disability, and TBI residuals are denied as there is no medical evidence linking these conditions to his military service. Service connection for tooth erosion is also denied.

The Veteran's left knee arthritis is granted as service-connected.,Service connection for an olfactory disability is denied.,Service connection for a pancreatic disability is denied.,Service connection for residuals of a TBI is denied.,Service connection for tooth erosion is denied.

The Veteran's TBI and PTSD with dysthymic disorder are rated at a 10 percent disability level, effective September 3, 2010.