Traumatic brain injury (TBI) decisions — 2020

The Veteran's service-connected chronic migraines are now rated at 50 percent, effective March 31, 2016. The issue of a total disability rating based on individual unemployability prior to March 31, 2016 is remanded due to the need for additional VA treatment records and retrospective medical opinion.

The Veteran's initial claim for an increased evaluation of his psychiatric disability was denied. A separate evaluation for posttraumatic tension headaches was granted.

The Veteran's appeal is remanded due to the need for additional examinations and evaluations regarding his claimed left ankle disorder, right hand disorder, right leg disorder, groin disorder, and traumatic brain injury. The Veteran has not been provided with a VA examination or opinion related to these issues.

The Board has remanded the cases for further development due to the need for VA examinations and consideration of updated rating criteria.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional VA treatment records, updated examinations, and consideration of a claim of clear and unmistakable error (CUE).

The Veteran's residuals of TBI are rated at 40 percent, effective December 9, 2009. The Board denied a rating in excess of 40 percent for his TBI and granted an initial 70 percent rating for mild neurocognitive disorder from December 9, 2009.

The Board denied service connection for a traumatic brain injury as there is no evidence of an in-service head injury that meets the criteria for a TBI diagnosis.

The Veteran's appeal is partially granted, with an initial rating of 50% for PTSD from November 12, 2013 to April 25, 2016. The Veteran's claim for higher ratings for PTSD prior to that date and after April 25, 2016, as well as her claim for service connection for TBI, is remanded.

The Veteran's bilateral optic neuritis and TBI-related vision loss have been granted increased ratings, effective from the dates noted. His total disability based on individual unemployability has also been granted.

The Board has determined that the Veteran was not rendered unable to obtain or maintain substantially gainful employment due to service-connected disabilities for any period during the rating period on appeal.

The Board has decided to remand the cases for further development and consideration due to insufficient opinions regarding service connection for TBI and seizures disorder, as well as the need to obtain additional medical records.

The Board has remanded the case due to a dispute over when the Veteran's TDIU should have been granted, and will be reviewed by the Director of Compensation Service for an extraschedular determination.

The Veteran's appeal is remanded due to the need for additional medical examination and evaluation of his service-connected PTSD with TBI, including addressing symptoms such as dizziness and lightheadedness.

The Board has remanded the Veteran's claims for further development due to failure of the Veteran to appear for scheduled examinations. The claims will be reconsidered based on the existing evidence.

The Board has determined that the VA examination did not adequately address whether the Veteran's impairments in social interaction, orientation as to time and place, and neurobehavioral effects may be differentiated from his service-connected headaches and PTSD. The case is therefore being remanded for further clarification.

The Board has remanded the claims for further development due to the need for additional medical examinations and records.

The Board has determined that further development is necessary due to incomplete information regarding the appellant's service connection claims, particularly concerning his claimed head injuries and psychiatric disorders. The claims are being remanded for additional development.

The Board has denied service connection for PTSD and remanded the claims of a higher rating for depressive disorder with TBI, as well as a TDIU prior to June 6, 2017.

The Veteran's PTSD is rated at 50 percent prior to November 20, 2019 and 70 percent thereafter. The appeal for a higher rating remains pending.

The Veteran's appeal for a compensable evaluation for service-connected left ear hearing loss was denied. The Board also remanded the claims for service connection for headaches and right foot condition due to frostbite, as additional evidence is needed.