Traumatic brain injury (TBI) decisions — 2019

The Veteran's service-connected TBI residuals, PTSD, and chronic headaches render him unable to secure or maintain substantially gainful employment. His combined rating of 80% from December 2015 meets the threshold for a schedular TDIU.

The Veteran's appeal for service connection of traumatic brain injury is dismissed. The Veteran has been granted a 100% rating for his Meniere's disease, and the issue of TDIU has been rendered moot due to the grant of a higher rating for Meniere's disease. The case is remanded for an opinion on whether Major Depressive Disorder was aggravated by Meniere's Disease.

The Board has remanded several issues for further development, including service connection claims and evaluations for various conditions. The Veteran's TBI claim is denied due to lack of evidence of current disability related to the in-service injury. Service connection for left arm surgery scars remains denied as there are no residuals attributable to the in-service injury. Other claims have been remanded without assigning a specific disposition.

The Veteran's claims for service connection for right foot arthritis and pain, left foot arthritis and pain, vestibular disorder with vertigo, and traumatic brain injury (TBI) have been denied.,New and material evidence has not been received to reopen the Veteran's previously denied claims of entitlement to service connection for lower back injury, neck injury associated with lower back injury, and PTSD.

The Veteran's appeal is being remanded due to the need for additional evidence and examinations, as well as readjudication of his claims.

The claim for a rating greater than 40 percent for residuals of traumatic brain injury has been dismissed. The claims for service connection and compensation for bilateral hearing loss, muscle damage of the abdomen (stomach pain, stomach problems), cervical spine DDD, osteochondritis dissecans of the left foot, and dry-eye syndrome have been addressed.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, thus meeting the criteria for TDIU.

The Veteran's claims for service connection for gout, a low back disorder, and bilateral eye disorder (claimed as left eye glaucoma) have been denied. The Board found no evidence of current disabilities or in-service incurrence.,Service connection for frostbite of the ankles and feet has also been denied.

The Board has determined that additional development is necessary and the appeal is, therefore, REMANDED as directed below.

The Veteran's PTSD with TBI residuals is rated at 70 percent, effective August 26, 2011.,The Veteran was granted a total disability rating based on individual unemployability (TDIU) as of August 26, 2011.

The Board has decided that the Veteran's claims for service connection for lower back disability, traumatic brain injury (TBI), right knee disability, and left knee disability must be remanded due to incomplete records from Social Security Administration.

The Veteran's PTSD is rated at 50 percent, but the VA examiner did not address two private opinions submitted in April and June 2014. The Board finds that a remand is required for a VA examination to evaluate the current severity of his service-connected PTSD.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status is remanded due to a lack of examination focusing solely on her service-connected disabilities. She needs an opportunity to be examined by a VA clinician.

The Veteran's bilateral hearing loss disability is not service-connected as it did not manifest during active service and there is no evidence of a chronic disease within one year of separation. The Veteran's current hearing loss is attributed to the natural progression of aging.,There is no evidence that the Veteran has a head scar or TBI related to his military service.

The reduction of the rating for traumatic brain injury from 70 percent to 0 percent, effective April 1, 2015, was improper; a 70 percent rating for TBI is restored effective April 1, 2015.