Traumatic brain injury (TBI) decisions — 2020

The Veteran's claim for an initial disability rating in excess of 40 percent for traumatic brain injury (TBI) with persistent depressive disorder and moderate anxiety distress is being remanded due to the need for additional development, including a new VA examination.

The Board has determined that additional development is needed to address the Veteran's claims for service connection due to his incarceration at Fort Le, Kansas. The AOJ should arrange for a VA examination to assess the nature and etiology of any acquired psychiatric disorder, TBI residuals, and right shoulder disorder.

The Veteran's tinnitus is granted as service connected. The remaining issues of entitlement to a compensable evaluation for residuals of fracture of the right fourth and fifth fingers, service connection for an acquired psychiatric disability (including PTSD and as secondary to TBI), and service connection for traumatic brain injury are remanded due to procedural reasons.

The Board has decided to remand the case due to inadequate medical examination and lack of military personnel records. A new VA examination is needed, and the Veteran's claims file should be reviewed for any available military personnel records.

The Veteran's claim for an earlier effective date for PTSD with alcohol use disorder is denied. Service connection for residuals of TBI, right knee condition, bilateral eye condition, and right ankle condition are all remanded due to incomplete records or lack of medical nexus.

The Board denied service connection for a disability of the feet and/or legs, including tinea pedis (athlete’s foot) and residuals of frostbite. The Board also denied service connection for a respiratory/lung disability due to asbestos exposure during service.

The Board dismissed appeals for increased ratings for bilateral hearing loss and tinnitus, and denied service connection for the residuals of a traumatic brain injury (TBI). The Veteran withdrew his claims for these issues.

The Board has granted special monthly compensation based on the need for regular aid and attendance of another person due to the Veteran's service-connected disabilities, which include a mid-thigh amputation of the right leg, depression, various scars, tendon injuries, and neurological conditions. The decision is effective as of the date of the rating decision.

The Board has determined that the Veteran's need for regular aid and attendance due to his TBI is established, warranting SMC at the (t) rate. The Veteran would require hospitalization, nursing home care, or other residential institutional care if not for the aid and attendance he receives.

The Board has remanded the cases due to insufficient evidence and need for further medical opinions.

The Veteran's TBI rating was restored to 30 percent effective April 1, 2016. Service connection for headaches was granted.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional medical examinations to assess the severity of his conditions, determine their etiology, and consider all relevant evidence.

The Board has remanded the case due to inadequate examination and failure to address all head injuries and symptoms reported by the Veteran.

The Board has dismissed all claims of service connection due to the Veteran's death.

The Board has decided that the Veteran's claim for service connection for traumatic brain injury should be remanded due to new evidence received after the April 2019 Supplemental Statement of the Case.

The Veteran's left wrist fusion is rated at 50% effective from August 1, 2016. His middle finger right hand injury does not meet the criteria for a compensable rating. Service connection was denied for arthritis of multiple joints, TBI, and left knee disorder other than service-connected left knee arthritis.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include TBI, headaches, cervical spine disability, lumbar spine disability, right knee disability, and left knee disability.

The Veteran's service connection for obstructive sleep apnea, PTSD with panic attacks, unspecified depressive disorder and TBI has been granted. A 70 percent rating is assigned for the psychiatric/TBI disability prior to August 19, 2014, and from October 1, 2014 to September 11, 2018.

An initial 70 percent rating for PTSD is granted effective June 19, 2018. Separate compensable ratings for residuals of TBI are remanded.

The Board has reopened the claims for service connection for a right knee disorder, a right shoulder disorder, and PTSD. However, additional development is required as VA examiners have not provided opinions on whether these conditions are related to service.