Traumatic brain injury (TBI) decisions — 2020

The Board has remanded the Veteran's claims for bilateral hearing loss, right knee disability, left foot and right foot disabilities, lumbar spine disability with radiculopathy of the lower extremities, as well as increased ratings for these conditions. The appeals are currently on appeal due to outstanding VA treatment records that need to be obtained.

The Board has restored service connection for Traumatic Brain Injury (TBI) and denied a compensable rating for Right Shoulder Scars.

The Veteran's appeal for service connection for residuals of traumatic brain injury (TBI), also claimed as concussion, was dismissed because he withdrew all issues on appeal in December 2004.

The Veteran's claim for a higher rate of SMC based on the need for aid and attendance is denied because the evidence does not show that he requires a 'higher level of care' than what is required to establish entitlement to regular aid and attendance allowance.

The Veteran's TBI is rated at 40 percent, which is the maximum rating available under Diagnostic Code 8045. The Board found that the evidence does not show impairment more nearly approximating a level 3 or higher for any facet of TBI.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's service-connected TBI and his current symptoms. The Veteran is seeking service connection for residuals of a traumatic brain injury, including memory loss, headaches, dizziness, concentration issues, sleep problems, and sensitivity to light and sound.

The Veteran's PTSD has been granted a 70 percent disability rating, effective from the date of the decision.

The Veteran's claim for an evaluation in excess of 10 percent for TBI residuals, including headaches, intermittent dizziness, and fainting, is being remanded due to the need for a new examination.

The Board has remanded the claims of traumatic brain injury and cervical spine disability due to incomplete compliance with previous remand directives. The Veteran is given additional time to provide authorization for VA to obtain private treatment records from his incarceration period.

The Veteran's hypertension was not rated higher than 10 percent, as the evidence did not show diastolic pressure predominantly 110 or more, or; systolic pressure predominantly 200 or more.,The Veteran's genitofemoral nerve entrapment status-post bilateral inguinal hernia repair is currently rated noncompensable. The Board found that the evidence did not show severe to complete paralysis of the ilio-inguinal nerve.,Head injury residuals (status-post skull fracture with torn dura and laceration of frontal lobe) are being remanded for further review, including consideration of TDIU benefits.,Head injury residuals (traumatic brain injury residuals), head injury residuals (cephalgia), and head injury residuals (frontal skull paresthesia) are also being remanded for further review, including consideration of TDIU benefits.

The Veteran's service-connected disabilities do not preclude her from securing and following a substantially gainful occupation consistent with her education and work experience. Therefore, the claim for TDIU is denied.

The Board has reopened the claims for vertigo, hypertension, diabetes mellitus, type II, and residuals of a traumatic brain injury due to new and material evidence. The claims are remanded for further development.

The Veteran's PTSD and TBI residuals are rated at 70% each, effective from May 2, 2019. The Veteran's migraines have not met the criteria for a higher rating.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current symptoms are related to his in-service TBI. The case will be reviewed with a new VA examination and opinion.

The Board has granted the Veteran's request to opt-in to the Appeals Modernization Act system for his claim of service connection for sleep apnea. The decision regarding extraschedular ratings for residuals of frostbite injuries to the hands and feet remains unchanged.

The Board has remanded the case due to the need for a new VA examination to assess the current severity of the Veteran's service-connected TBI.

The Board has determined that the Veteran's current dizziness is a residual of an in-service TBI, and service connection for residuals of a TBI is granted.

The Board has ordered a remand due to the need for a new VA opinion regarding the severity of TBI residuals and their impact on the Veteran's claimed conditions. The Veteran is seeking an increased disability rating for his service-connected TBI.

The Board has denied the Veteran's claims for service connection for colon cancer, right shoulder condition, left hip disability, hypertension (HTN), skin condition, and traumatic brain injury (TBI) as they are not related to his military service or herbicide exposure. The cases have been remanded for further development.

The Board has denied the Veteran's claims for service connection for residuals of a TBI and bilateral foot condition, but has remanded the case for further development regarding his lumbar spine condition.