Traumatic brain injury (TBI) decisions — 2020

The Veteran's appeal for service connection on the issues of urinary incontinence, erectile dysfunction, right trapezius strain, right ear hearing loss, short-term memory loss disorder distinct from PTSD with depressive disorder and TBI residuals, initial compensable rating for TBI, and a rating in excess of 40 percent for lumbar degenerative disc disease on an extraschedular basis after November 20, 2014 has been withdrawn. The appeal is dismissed.

The Veteran's cervical spine, lumbar spine, and left knee disabilities are being remanded for further development.,Service connection is not granted for the residuals of a traumatic brain injury (TBI) or headache disability.

The Board denied the Veteran's claim for service connection for TBI residuals, to include headaches, finding that there was no evidence of a diagnosed TBI or related disabilities in service and that any current symptoms were likely due to his co-existing mental diagnoses and/or deviated septum.

The Board has remanded the cases due to a duty to assist error, specifically failing to obtain an examination regarding the etiology of any diagnosed frostbite residuals. The Veteran reported symptoms consistent with frostbite originating during service.

The Veteran's initial rating for a headache disability is denied, but he is granted a 30 percent rating for insomnia disorder with TBI. The Board has ordered additional VA examinations for the remaining issues.

The Board has decided to remand the case due to procedural errors and the need for additional medical opinions regarding the appellant's mental state at the time of his offenses.

The Veteran's claims for various conditions, including TBI residuals and PTSD, are being remanded due to the need for additional development of his records.

The Veteran's claims for service connection and TDIU were denied, with the effective date of all grants being February 2, 2016.

The Board has remanded the issues of service connection for various conditions due to an inextricably intertwined issue regarding the character of the appellant's service from April 18, 2011 to July 21, 2015. The other issues are also being remanded.

The Board has decided that the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI), to include headaches, must be remanded due to inadequate examination and new evidence.

For the period prior to May 18, 2018, the Veteran's TBI was rated at 40 percent and denied a higher rating.,Since May 18, 2018, the Veteran's TBI has been rated at 70 percent and denied a higher rating.

The Board has granted service connection for back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and a compensable rating for vertigo as a manifestation of TBI. The effective date is not specified.

The Veteran's claims for earlier effective dates for increased evaluations of his TBI, spine disorder, right hip strain (limitation of extension), and right hip strain (impairment of the thigh) are denied as it was not factually ascertainable that an increase in these conditions occurred one year prior to June 20, 2018.,The Veteran's claim for restoration of separate service connection award for benign paroxysmal positional vertigo is granted.

The Veteran's appeals for increased ratings for low back strain and service connection for TBI were denied. The appeal for a Total Disability Rating due to Individual Unemployability (TDIU) prior to August 5, 2014, was also denied.

The Veteran's right knee DJD, status post medial meniscus repair, is granted a 20 percent initial evaluation. The appeal for service connection of an acquired psychiatric disorder, to include PTSD, is remanded.

The Veteran's appeal for service connection for residuals of a TBI, to include headaches, is dismissed due to the death of his widow before a decision was made.

The Board has remanded the claim for chronic left ear infections with ear pressure, to include a vestibular disability due to inconsistencies in opinions and need for additional examination.

The Veteran's claim for SMC due to need for regular aid and attendance related to his service-connected TBI has been granted.,The Veteran's claim for service connection for thalamic pain syndrome as secondary to traumatic brain injury (TBI) has also been granted.

The Veteran's claims for service connection for a low back disability and residuals of head injury, to include headaches and TBI are remanded due to inadequate VA examination reports. The Veteran must undergo further examinations to determine the etiology of his current conditions.

The Board has remanded the claims of service connection for residuals of a TBI and hypothyroidism due to potential new evidence submitted by the Veteran.