Traumatic brain injury (TBI) decisions — 2020

The Veteran's claim for an earlier effective date of October 6, 2014 for SMC based on need for regular aid and attendance was granted. This aligns with the date he received service connection for seizures.

The Veteran's claims for service connection for TBI, vision condition, right foot achilles tendonitis, and sinus condition are being remanded due to the submission of new evidence that is relevant to these issues.,A compensable rating for right foot Achilles tendonitis from November 10, 2016 has been granted.

The Board denied service connection for a traumatic brain injury, headaches, and psychiatric disability as the evidence did not support a link between these conditions and the in-service head injury.

The Veteran's alcohol abuse disorder is granted as secondary to his service-connected PTSD with TBI. He also receives a temporary total evaluation for hospitalization due to his service-connected disabilities, and the Board grants him a TDIU based on his service-connected conditions.

The Board has remanded the Veteran's claim for service connection for TBI, to include as secondary to his service-connected coronary artery disease (CAD), due to insufficient evidence in the August 2016 VA examination.

The Board has remanded the claims for Traumatic Brain Injury, Migraine Headaches, Left Knee Chondromalacia, Right Knee Chondromalacia, and Total Disability Rating Based on Individual Unemployability (TDIU) due to failure of the Veteran to attend scheduled VA examinations.

The Board has remanded both claims for service connection for residuals of frostbite of the left and right lower extremities due to insufficient evidence regarding their etiology.

The Veteran's TBI is currently rated as noncompensable, and the Board finds that a new examination is needed to determine if his current level of severity warrants a higher rating.

The Veteran's request to increase the rating for his TBI from 10 percent to a higher level was denied.,The Veteran's other specified trauma and stressor related disorder was rated at 30 percent, which is the maximum allowed under current criteria.,The Veteran's migraine headaches were granted a 50 percent rating, the highest possible under DC 8100.,The request to reopen his service connection claim for right shoulder disorder was granted. The appeal will be remanded for further review of this issue.,The Veteran's appeals regarding his right wrist and right shoulder pain conditions were also remanded by the Board.,The Veteran's TDIU (total disability rating based on individual unemployability due to service-connected disabilities) claim was granted, with a 50 percent rating assigned.

The Veteran's service-connected TBI has been manifested by no more than Level 0 impairment of any facet, and the criteria for a compensable rating have not been satisfied.

The Board has dismissed the appeals for service connection for traumatic brain injury residuals and migraine headaches. The remaining issues of service connection for lumbosacral spine disability, cervical spine disability, left knee disability, right knee disability, hypertension, and erectile dysfunction are remanded.

The Board has remanded the case due to a lack of an examination exploring the etiology of the Veteran's bilateral foot disability, specifically frostbite residuals.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current TBI residuals are related to his service injury in 1975. The VA needs to provide a medical opinion on this issue and consider any recent treatment records.

The Board has determined that there is not sufficient evidence to support the Veteran's claims for service connection of bilateral wrist, eye, and migraine headaches disabilities. The cases are being remanded for further development regarding his knee, spine, toe frostbite, and chest pain issues.

The Veteran's service-connected disabilities do not prevent him from securing or maintaining substantially gainful employment, and therefore the claim for TDIU is denied.

The Board dismissed the Veteran's claim regarding whether separate compensable evaluations are warranted for TBI and PTSD, also claimed as vertigo, due to a lack of justiciable case or controversy.

The Board denied the Veteran's claims for service connection for traumatic brain injury residuals and for a total disability rating based on individual unemployability (TDIU). The Board found that there was no evidence of a current TBI diagnosis, and that the Veteran’s service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.

The Veteran's PTSD and TBI conditions were combined in the April 2019 rating decision, which was improper. The separate ratings for each condition are restored.,PTSD with unspecified depressive disorder is denied as there has been no material improvement shown by a preponderance of the evidence.

The Veteran's disability ratings for lumbosacral strain and unspecified depressive disorder with anxious distress, cannabis use disorder and traumatic brain injury were restored to their previous levels.

The Board has determined that the cause of death was septic shock, but is unable to make a fully informed decision on whether the Veteran's service-connected conditions contributed to his death. The VA examiner will need to review all relevant medical records and provide an opinion regarding the relationship between the Veteran's service-connected disabilities and his death.