Traumatic brain injury (TBI) decisions — 2020

The Veteran's tinnitus is granted as service connected. The Veteran's residuals of frostbite of the feet are remanded for further development.

The Board denied service connection for low back disability and residuals of traumatic brain injury, finding that the preexisting conditions did not worsen during service or were not incurred in service.

The Veteran withdrew his appeal for service connection of TBI, and the Board dismissed this issue.

The Veteran's disability rating for actinic keratosis was reduced from 30% to noncompensable, and the VA has restored a 30% rating effective January 1, 2014. Other issues remain pending.

The Veteran's service connection claims for tinnitus, PTSD, and TDIU have been granted. The appeal to reopen the claim for service connection of tinnitus is also granted. A disability rating of 70 percent has been assigned for PTSD.

The Board has determined that the reduction in disability rating for the Veteran's service-connected TBI was improper and remanded to allow for further development.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's service connection claim for Traumatic Brain Injury (TBI). The decision will be reconsidered after a new examination and review of all available medical records.

The Board has remanded the claims due to new evidence received after the April 2016 Statement of the Case, and for additional development including a VA examination.

The Board has remanded the claims for traumatic brain injury, posttraumatic stress disorder, depression, anxiety condition, severe headaches, left foot condition, right foot condition, intervertebral disk syndrome (claimed as low back problems), left hip problems, and right knee condition due to incomplete records and need for further examination.

The Board has remanded several issues related to the Veteran's service connection claims, including tinnitus, alcohol abuse, traumatic brain injury, hypertension, obstructive sleep apnea, right hip condition, left hip osteoarthritis, right sciatica, left sciatica, bilateral leg disability, and an acquired psychiatric disability. The decision also denied a request for an earlier effective date for the grant of service connection for tinnitus.

The Board has decided to remand the case due to conflicting statements regarding in-service TBI exposure and a need for further development, including obtaining records that could verify the Veteran's claims of exposure to bomb blasts during deployment. The Veteran will be afforded an opportunity for a new VA examination if it is determined he was exposed to such events.

The Board has remanded several issues related to the Veteran's claims, including those for service connection and rating determinations. The additional VA treatment records need to be considered in the readjudication process.

The Veteran's claim for an initial rating greater than 10 percent for TBI prior to May 31, 2016 is being remanded due to the Board's reliance on a VA examination dated May 31, 2016. The Court found that the Board erred in using this date as the point of increase in symptoms and ordered further action.

The Veteran's PTSD and MDD with TBI are rated at 70% effective October 31, 2016. He also received separate ratings for headaches and vertigo due to TBI. The Veteran was granted a total disability rating based on individual unemployability.

The Veteran has withdrawn his appeals for all the listed conditions, and thus the Board dismisses these claims.

The Veteran's service connection for residuals of a traumatic brain injury is granted. The issue of entitlement to an increased rating for bilateral hearing loss and TDIU, as well as SMC, are remanded.

The Veteran's initial compensable rating for TBI is remanded due to recent hearing testimony indicating his current level of severity. The eligibility to Dependents’ Educational Assistance due to permanent and total disability is also remanded as it could be affected by the development ordered.

The Veteran withdrew her appeals, indicating she was satisfied with the rating decision and no further action is needed.

The Veteran's residuals of TBI are rated at a 40 percent rating, which is the maximum allowed under Diagnostic Code 8045. The appeal for higher ratings on hepatitis C and TDIU remains pending.

The Veteran's appeals for an effective date prior to September 7, 2010 for the grant of a total disability rating based on individual unemployability (TDIU) and for establishment of basic eligibility for education benefits under Chapter 35 (Dependents’ Educational Assistance (DEA)) have been denied.