Traumatic brain injury (TBI) decisions — 2020

The Veteran's TBI is rated at 40 percent, effective from March 26, 2009. A separate compensable rating of 30 percent for vertigo as a residual of TBI has been granted.

The Veteran's claims for service connection and increased rating of major depressive disorder, as well as other issues, are being remanded due to the submission of new evidence. The effective date for the increased rating is denied.

The Veteran's initial rating for a psychiatric disability (claimed as dysthymic disorder, NOS and pain disorder) is denied. The claim for service connection for traumatic brain injury (TBI) is also denied.

The Board has decided to remand the case due to inadequate reasons and bases for denying service connection for TBI. A new VA examination is needed to assess whether a TBI was incurred in or related to active service, including from head trauma during a motor vehicle accident (MVA) and/or from a June 1968 rocket explosion with multiple fragment wounds to the neck and right leg. The examiner should also determine if there are current residuals of any in-service TBI.

The Board dismissed the Veteran's appeals for initial evaluations in excess of 10 percent for thoracic strain and PTSD with TBI residuals, as well as an initial evaluation in excess of 20 percent for left shoulder anterior superior labral tear. The Veteran was also remanded for a VA examination to assess his left clavicle fracture.

The Veteran's tinnitus is granted as service connected due to in-service noise exposure. Service connection for testicular cancer is also granted based on presumed exposure at Camp Lejeune. The remaining claims are denied.

The Board has decided to remand the case due to insufficient examination addressing whether the Veteran's sleep apnea is aggravated by his service-connected TBI.

The Board found that the Veteran does not have TBI with mild cognitive impairment and mood dysregulation, which was previously granted in April 2014. The decision is denied as service connection for these conditions was clearly and unmistakably erroneous.

The Veteran's initial compensable rating for traumatic brain injury residuals and TDIU claim are both remanded due to the need for a new examination and additional development.

The Veteran's claim for service connection for breathing disability has been remanded. The claims for increased ratings for residuals of TBI and post-concussion headaches associated with TBI have been granted, but subject to the law and regulations governing the award of monetary benefits.

The Veteran's claim for increased ratings for residuals of a TBI, low back strain with degenerative joint disease, thoracolumbar radiculopathy of the right and left lower extremities, and recurrent neck strain was denied. The Veteran also had an effective date granted for his total disability rating due to service-connected disabilities (TDIU).

The Veteran's appeal for a higher rating for his service-connected TBI with headaches is remanded due to evidence of worsening since the last examination and need for updated VA treatment records.

The Veteran's claims for service connection have been remanded due to the need for additional evidence and examinations. The issues include reopening of previously denied claims, as well as new diagnoses and relationships between current conditions and military service.

The Board has remanded several claims for additional evidence, including private treatment records from the Veteran's healthcare providers. The Veteran is advised to provide authorization forms for these records.

The Veteran's service-connected disabilities, including PTSD, lumbosacral strain, ischemic heart disease, and various gunshot wound residuals, have resulted in loss of use of the lower extremities. The Board has granted specially adapted housing for these conditions.

The Board has remanded the claims of service connection for chronic fatigue syndrome, traumatic brain injury (TBI), and bilateral knee disabilities due to inadequate duty-to-assist compliance. The Veteran was not provided with VA examinations or adequate medical opinions regarding his claimed conditions.

The Board has denied service connection for bilateral knee disability, knee scars, and TBI. The claims for hearing loss, tinnitus, and acquired psychiatric disorder (including PTSD) are remanded for further development.

The Board denied a disability rating in excess of 70 percent for PTSD with depression and TBI, but granted an effective date of January 24, 2016 for the award of a 70 percent rating.

The reduction in the disability rating for mild TBI from 40 percent to noncompensable effective March 5, 2015, was not proper. The 40 percent rating is restored.

The Veteran's claims for service connection have been granted. The right knee and left hip disorders, tinnitus, bilateral hearing loss, traumatic brain injury (TBI), right shoulder disorder, left shoulder disorder, major depressive disorder, and left rib calcium build-up are all considered new and material evidence has been presented.,A 30 percent rating for the Veteran's left ankle calcaneus fracture is granted effective January 4, 2012. An initial 70 percent rating for his acquired psychiatric disorder (PTSD and bipolar I disorder) is granted from April 29, 2013.