Traumatic brain injury (TBI) decisions — 2020

The Veteran's bilateral pes planus with Tailor’s bunion, status post left bunionectomy has been granted a 50 percent rating since January 23, 2013. The matter of higher initial ratings for PTSD and TBI is remanded. Additionally, the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities remains in appellate status.

The Board has remanded the case due to incomplete development and lack of clear and unmistakable evidence regarding preexisting conditions. The Veteran's claims for service connection are now pending.

The Veteran's initial and increased ratings for his headache disability are granted, but the claim for a rating in excess of 50 percent from August 13, 2019 is denied. The TBI issue is remanded as the Veteran reported worsening symptoms. The TDIU issue is also remanded.

The Board has remanded the issues of service connection for cranial nerve damage and TBI, as well as hypertension secondary to a service-connected disability.,Service connection for hypertension is also remanded.

The Veteran's initial 50 percent disability rating for service-connected migraine and tension headaches is granted. The issue of a higher initial rating for TBI remains on appeal, as does the claim for TDIU.

The Veteran's appeal for service connection and disability ratings has been dismissed due to his death.

The Veteran's claims for service connection for various conditions are being remanded due to the need for additional medical examinations and updated treatment records.,The Board is also remanding several other issues, including an initial rating in excess of 30 percent for PTSD, increased ratings for left ankle status post-sprain with instability and shin splints, right knee medial collateral ligament/meniscal tear with grinding/popping, and an initial compensable rating for left ear hearing loss.

The Board denied the veteran's claims for service connection for residuals of a traumatic brain injury and basic eligibility for VA non-service-connected pension benefits due to lack of qualifying wartime service.

The Veteran's claim for service connection for the residuals of traumatic brain injury was denied in April 2009. The Board found no CUE and thus denied the request for an earlier effective date.

The Veteran's TBI residuals have been evaluated at a 10 percent rating, and the Board has remanded both issues for further development.

The Board has denied the Veteran's claim for service connection for a traumatic brain injury (TBI) as there is no current diagnosis of TBI in the record.

The Veteran's TDIU claim was granted from April 19, 2016 due to his service-connected disabilities. The decision also noted that the grant of TDIU did not affect the effective date of special monthly compensation (SMC).

The Board has dismissed the Veteran's claims for service connection as these issues have been fully granted by a November 2019 rating decision.

The Veteran's initial noncompensable rating for TBI prior to January 9, 2019, and a rating in excess of 10 percent thereafter are denied.

The Veteran's claims for increased ratings for migraine headaches and an acquired psychiatric disability (including PTSD, adjustment disorder with depressed mood, poly-substance use disorder, and traumatic brain injury) have been denied because the Veteran failed to report for scheduled VA examinations in 2019 without providing good cause.

The Board has remanded the Veteran's claims for additional development due to incomplete records and a need for VA examinations. The issues include service connection for various disabilities, with some related to an in-service fall.

The Veteran's TBI was incurred during his deployment to Iraq and the Board granted service connection for this condition.

The Veteran's residuals of TBI with cognitive and psychiatric manifestations resulted in reduced reliability and productivity, warranting a 50% disability rating from October 23, 2008 to November 28, 2016. The current ratings under DC 9304 are replaced by the 50% rating granted herein.

The Board has remanded the case due to a lack of residuals of the TBI that can be directly and exclusively tied to the Veteran's motor vehicle accident during service. The examiner should investigate current residuals of the TBI, including any headache disorder, vision condition, or anxiety disability.

The Veteran's claim for service connection for residuals of a traumatic brain injury is granted. The case is remanded for further action on the claims for bilateral hearing loss and SMC rate determination.