Traumatic brain injury (TBI) decisions — 2020

The Veteran's claim for service connection for ADHD has been reopened and is granted.,Service connection for ADHD is denied as the evidence does not support a finding that it is related to military service.

The Board has remanded the claims of bilateral hearing loss, head injury (including TBI), gastric ulcers, and headaches for further development due to delays in scheduling VA examinations.

The Board denied the Veteran's requests for earlier effective dates for awards of special monthly compensation (SMC) based on need for aid and attendance, as well as SMC under 38 U.S.C. § 1114 (p) and 38 C.F.R. § 3.350 (f)(3), at the rate intermediate between subsections (l) and (m). The effective dates were fixed based on factual need for aid and attendance, but no specific conditions or disabilities are identified as meeting this criterion prior to November 19, 2009.

The Veteran's service connection for PTSD was granted with a 50% evaluation effective January 14, 2015. The Veteran is seeking an increased rating and/or an earlier effective date.

The Veteran's service-connected disabilities did not render him unable to follow a substantially gainful occupation prior to December 23, 2019.

The Veteran's bruxism is granted as secondary to his service-connected PTSD, TBI residuals, and bilateral chronic myogenic temporomandibular joint (TMJ) disorder. The remaining issues on appeal are remanded for additional development.

The Veteran's TBI and PTSD have rendered him in need of regular aid and attendance, qualifying for SMC(l) effective February 9, 2012. The RO has now granted a higher level of SMC(p) based on the residuals of his TBI.

The Board denied the Veteran's claims for service connection for PTSD and TDIU. The decision found that there was no current diagnosis of PTSD, and thus could not grant service connection. For TDIU, the Board determined that the Veteran’s service-connected disabilities rendered him unemployable.

The Veteran's claims for an initial compensable disability rating for traumatic brain injury and TDIU are being remanded due to the need for additional medical examination and development of records.

The Board has granted service connection for right knee patellofemoral syndrome and left knee patellofemoral syndrome. Service connection for traumatic brain injury is remanded.

The Veteran's PTSD, migraine headaches, and TBI are all rated at their maximum levels. The Veteran’s bilateral pes planus is granted with a 10 percent rating, but the calcaneal spur remains denied. Service connection for sinusitis was denied.

The Board has remanded the case due to conflicting instructions provided by VA and procedural errors. The Veteran's claims for higher ratings for frostbite and foot damage of both feet are now considered, but further AOJ action is required as additional evidence was received.

The Veteran's claim for service connection for PTSD and an acquired psychiatric disorder other than PTSD has been reopened, and the Board finds that new and material evidence has been received to support these claims. Service connection is granted for PTSD and an acquired psychiatric disorder (including major depression, PTSD, and substance use disorders).

The Board has remanded the Veteran's claims for an initial disability rating higher than 10 percent for TBI with cognitive disorder and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The issues are being remanded for further development, including VA examinations and obtaining information about the Veteran's incarcerations.

The Veteran's appeal is remanded for additional development, including obtaining treatment records and conducting VA examinations. The TDIU claim is also remanded as it is inextricably intertwined with the increased rating claims.

The application to reopen the previously denied claim of entitlement to service connection for Traumatic Brain Injury (TBI) is denied. The Veteran's claims for service connection for Headaches and Total Disability Rating Based on Individual Unemployability are remanded.

The Veteran's left knee disability is currently rated as 10 percent for patellofemoral pain syndrome with strain and shin splints, effective July 31, 2014. The Board has also granted a separate rating of 10 percent for instability of the left knee, effective March 10, 2015.,The Veteran's claim for service connection for traumatic brain injury is remanded due to insufficient evidence in the record.

The Veteran's claim for service connection for traumatic brain injury is denied as there is no current diagnosis of the condition.,The Veteran's claim for increased disability rating for thoracolumbar degenerative joint disease with degenerative disc disease at L4-S1 is denied as his disability does not meet or approximate criteria for a higher than 20 percent rating.,The Veteran's claims for increased disability ratings for left knee and right knee disabilities are denied as there is no evidence of the conditions warranting a higher than 10 percent rating.,A separate 10 percent disability rating is granted for slight lateral instability of the right knee from July 30, 2019.

The Board has decided to remand the case due to the need for a VA examination to determine the nature and etiology of the Veteran's claimed residuals of a traumatic brain injury (TBI).

The Veteran's service-connected disabilities, including migraine headaches, dementia due to other general medical conditions, vertigo, traumatic brain injury (TBI), and left ear tinnitus, prevent him from securing and following any substantially gainful employment. The Board has granted a TDIU on an extraschedular basis.