Traumatic brain injury (TBI) decisions — 2020

The Veteran's TBI and migraine headaches have been rated as 10% prior to January 22, 2020 and 30% from that date. The left ear hearing loss has not yet resulted in a compensable rating.,A higher rating for the Veteran's migraines is denied.

The Board has ordered a remand due to the inadequacy of the February 2013 VA medical opinion, which did not explain why the Veteran's age at the time of his examination was relevant or why the lack of ongoing chronic treatment for frostbite indicated that the current diagnosis was unrelated to the in-service frostbite.

The Veteran's migraine headaches are rated at 50% since April 20, 2012. The costochondritis is rated at 10% from April 20, 2012 through January 17, 2020 and denied for a higher rating. The hiatal hernia and GERD are not entitled to an initial compensable rating. The residuals of right 5th metacarpal fracture and left knee chondromalacia patella do not warrant a higher than 10% rating. The traumatic brain injury with cognitive impairment is rated at 70% since April 20, 2012.

The Board denied the Veteran's claims for service connection for PTSD, bilateral hearing loss and tinnitus, lumbar spine disability, pseudofolliculitis barbae (PFB), residuals of frostbite of the hands and feet, and acquired psychiatric disorder, to include major depressive disorder (MDD). The evidence received since the February 2011 rating decision is not material.

The Board has remanded the claims for peripheral vascular disease and frostbite of the lower extremities and hands due to insufficient development and consideration.

The Board has remanded the Veteran's claims for service connection due to new evidence and inconsistencies in previous decisions. The Veteran is required to provide authorization for VA to obtain his Social Security Administration records, as well as undergo examinations to determine the nature and etiology of various disabilities.

The Veteran requested to withdraw his appeal for service connection of traumatic brain injury (TBI). The Board dismissed the case as a result.

The Board denied service connection for residuals of frostbite of the feet and left ankle disability, finding no current disabilities due to disease or residual of injury.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance for automobile or other conveyance and adaptive equipment, as they do not result in permanent impairment of both eyes, severe burn injury, amyotrophic lateral sclerosis, ankylosis of a knee or hip, or loss of use of a hand or foot such that no effective function remains other than what would be equally well served by an amputation stump at the site of election below the elbow or knee with the use of a suitable prosthetic appliance.

The Veteran's service-connected traumatic brain injury is rated at 40 percent since June 17, 2020. Prior to that date, the rating was increased from a lower level. The claim for higher ratings remains pending.

The Veteran's initial rating for TBI prior to August 22, 2019, and a higher rating thereafter for TBI with PTSD are denied. The Veteran's posttraumatic headaches associated with TBI also have an initial rating of 30 percent.

The Veteran's appeal for a higher rating for his service-connected tension headaches associated with TBI was denied. The Board found that the evidence did not show very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability, which would be required for assignment of a schedular rating in excess of 30 percent.

The Veteran's claims for service connection have been reopened and are granted. The Board finds new and material evidence has been received to reopen the claims for left shoulder condition, frostbite residuals of the left lower extremity, and MDD.

The Board has determined that the Veteran’s service-connected conditions, including PTSD and major depressive disorder, contributed to his fatal drug use, which caused his death. The appeal is granted.

The Board has remanded the case due to insufficient evidence regarding the Veteran's right foot condition and its relation to service. The Veteran is seeking service connection for residuals of frostbite, an ankle condition, and ingrown toenails.

The Veteran's lumbar strain, left knee degenerative joint disease (left knee disability), PTSD, migraine headaches, cervical spine disability, left leg shin splints, right leg shin splints, bilateral hearing loss, and TBI have been granted service connection.,An initial rating of 40 percent for traumatic brain injury (TBI) has also been granted.

The Board found compelling circumstances warranted the Veteran's prolonged unauthorized absence, thus finding that his character of discharge from service for the period from October 1965 to March 1973 does not constitute a statutory or regulatory bar to VA compensation benefits.

The Board has granted an earlier effective date of September 7, 2010 for the grant of a 70 percent rating for Traumatic Brain Injury (TBI). The Veteran's symptoms were present within a year prior to his claim in September 2011 and warrant this increased rating.

The Board denied the Veteran's claims for service connection for TBI, headaches, and vertigo due to lack of medical evidence linking these conditions to his military service.

The Board has remanded the Veteran's claims of service connection for a head injury, headaches, cervical spine disability, and left shoulder disability due to the need for additional medical examinations.