Traumatic brain injury (TBI) decisions — 2020

The Board has remanded several issues related to the Veteran's service connection claims, including bilateral hearing loss, tinnitus, lumbar and cervical spine degenerative disc diseases, chronic headaches, sinusitis, right hip disability, traumatic brain injury residuals, auditory processing disorder, and psychiatric disabilities. The remand requires obtaining relevant medical records from Social Security Administration and the Okaloosa Vet Center.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of records. The Board will consider all issues on appeal once this process is completed.

The Board denied the Veteran's claim for service connection for traumatic brain injury (TBI) as there is no evidence of a current disability or an in-service head injury.

The Veteran's appeal for a disability rating in excess of 50 percent for service-connected TBI with other specified trauma and stressor related disorder is denied. The Board also found that the issue regarding whether the condition should be evaluated under a single diagnostic code is denied.

The Board has remanded the case due to conflicting evidence regarding whether the Veteran sustained a head injury or TBI in service, and if so, any current residuals thereof. Further development is necessary to determine the nature and etiology of any current TBI disability.

The Veteran's claim for service connection for headaches, bilateral shoulder disorders, TBI, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity has been reopened. Service connection is granted for headaches and TBI. The claims for bilateral shoulder disorders and both types of radiculopathy are denied.

The Board has remanded the case due to inadequate examination and need for additional VA clinical records. The Veteran's brain disability due to TBI is being reviewed again.

The Board has decided the issues of entitlement to an effective date earlier than March 1, 2010 for PTSD with history of adjustment disorder and mood changes, and entitlement to increased evaluation higher than 50 percent for PTSD with history of adjustment disorder with mood changes from March 1, 2010 to June 29, 2016. The issues have been remanded due to the Veteran's appeal being finally decided in an October 2019 Board decision.

The Veteran's tinnitus is granted service connection and rated at 10 percent.,The Veteran's tension headaches are granted a rating of 50 percent, the maximum available under Diagnostic Code 8100.,The Veteran's TBI is denied an initial rating in excess of 10 percent.,The Veteran's arthritis of the left ankle is denied an initial rating in excess of 10 percent.,The Veteran's arthritis of the spine remains remanded for further evaluation.

The Board has remanded several claims for further development, including obtaining medical opinions and treatment records to address the Veteran's service connection claims for various conditions.

The Board has remanded the case due to the Veteran's failure to report for a VA examination scheduled in January 2020. The Veteran is requested to attend another VA examination to evaluate his TBI and any other head injuries, including cognitive dysfunction, headaches, memory loss, balance problems, and watery eyes.

The Veteran's appeal for increased disability ratings for PTSD with a neurocognitive disorder and TBI was dismissed because the appellant withdrew their appeal prior to the Board making a decision.

The Board denied the Veteran's claims for service connection for TBI residuals and scarring on the left side of his head. The claim for TBI was granted, but the claim for scarring was reopened and subsequently denied.

The Veteran's claim for service connection for a traumatic brain injury was denied as there is no competent evidence of current disability or causation.,Service connection for a cervical spine condition (neck pain) was also denied due to lack of current disability.,An initial compensable rating for mandible nonunion was denied as the Veteran did not meet the criteria for a 10% evaluation under Diagnostic Code 9903.

The Veteran's claims for increased evaluation of TBI and service connection for cervical strain, PTSD, and arteriosclerotic heart disease have been withdrawn by his representative.

The Board has remanded the claims for bilateral hearing loss, hypertension, and residuals of frostbite due to incomplete compliance with previous remand instructions regarding obtaining VA treatment records from specific facilities.

The Board denied service connection for bilateral hearing loss and tinnitus, but granted service connection for residuals of frostbite with bilateral lower extremity peripheral neuropathy.,Service connection was granted for the Veteran's cold weather injury residuals based on a preponderance of evidence in favor of their onset during service.

The Veteran's claim for increased ratings for posttraumatic stress disorder with major depressive disorder and residuals, traumatic brain injury is being remanded due to the need for additional records from his private psychiatric treatment provider.

Service connection granted for PTSD. OSA rated at 50%. Headaches restored to 50% from May 1, 2017 and loss of smell rating restored to 10% from February 1, 2017. Major depressive disorder with TBI remains at 70%, but TBI is separately rated.

The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities, including dementia, chronic pancreatitis, and various neuropathies. The SMC rating is at the P-2 level.