Traumatic brain injury (TBI) decisions — 2020

The Veteran withdrew his appeal for a higher initial rating for service-connected tension headaches due to TBI.

The Board has remanded the Veteran's claims for a higher rating in excess of 50 percent for PTSD and for TDIU due to service-connected disabilities. The VA must obtain all outstanding VA treatment records, including those scanned into the imaging system.

The Veteran's petition to reopen his previously denied claim for service connection for a traumatic brain injury is granted. The Board also remanded the claims of entitlement to service connection for a left lower extremity disorder and a rating in excess of 10 percent for status-post right thumb injury with arthritis.

Service connection for PTSD is granted. Service connection for TBI is remanded.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for updated medical records, examinations, and development of his TDIU claim.

The Veteran's claim for a higher rating for TBI with audio and visual hallucinations and depression is denied. A separate noncompensable rating for migraine headaches is granted.

The Board denied the Veteran's claims for service connection for Traumatic Brain Injury and Migraine Disorder, finding that there was no evidence of a current disability related to active duty service.

The Board dismissed the appeals for increased ratings of service-connected migraines and PTSD with MDD, opioid use disorder, and TBI residuals because the Veteran died during the appeal process.

The Veteran's claims for increased ratings for his lumbar spine disability and associated radiculopathy, as well as service connection for surgical scars, were denied. His claim of service connection for a TBI was reopened due to new evidence received since the last final denial.

The Board denied service connection for lumbar spine disorder, left-ankle disorder, TBI, unspecified ear disorder, and sleep disorder. Service connection was granted for an acquired psychiatric disorder (PTSD).,Service connection was not established for any of the claimed conditions.

The Veteran's ischemic heart disease is related to in-service exposure to herbicide agents.,Left foot frostbite residuals are at least as likely as not related to service.,Right foot frostbite residuals are at least as likely as not related to service.,Right hand frostbite residuals are at least as likely as not related to service.,Left hand frostbite residuals are at least as likely as not related to service.,The Veteran's hypertension is presumed to be due to herbicide agent exposure during service.,COPD, emphysema, and asthma are presumed to be due to herbicide agent exposure during service.,Diverticulitis with colon polyps are at least as likely as not related to service.

The Veteran's TBI is rated at 10 percent, the maximum rating available under DC 8045.,There is no evidence of more than a minimal impairment in cognitive or emotional/behavioral functions.

The Board denied a rating in excess of 40 percent for the Veteran's post-concussive syndrome with dizziness (TBI) due to the presence of only mild impairment in one facet of cognitive impairment, resulting in a 40% disability evaluation.

The Board has determined that the Veteran's TBI is at least as likely as not related to his active duty service, and therefore grants his claim for service connection.

The Board has remanded the Veteran's claims for bilateral shoulder disability, TBI, migraine headaches, and elbow disabilities due to incomplete development. The claims will be reviewed again with new examinations and opinions.

The Board has remanded the claims due to new evidence not previously considered and for an addendum VA opinion regarding the Veteran's vertigo and nausea symptoms.

The Veteran's service connection claim for TBI, left knee disorder, and right knee disorder is granted. The Board finds that the evidence supports a finding of current disability related to service and grants service connection for these conditions.

The Board denied service connection for traumatic brain injury as there is no evidence of a current disability related to service, and the Veteran's headaches are attributed to tension headache syndrome.

The Board has decided to remand the case due to a lack of TBI examination and incomplete medical records, including those from Dr. Bowe.

The Veteran's appeals for increased ratings and service connection have been denied. Issues related to the rating of TBI, bilateral hearing loss, tinnitus, and service connection for exotropia and refractive error, athlete's foot, and cataracts are addressed.,The Veteran is not entitled to a higher rating for his traumatic brain injury from March 25, 2013 to January 31, 2020. The AOJ has also denied the effective date claims related to bilateral hearing loss and migraine headaches.