Traumatic brain injury (TBI) decisions — 2020

The Veteran's claim for a TDIU based on service-connected residuals of traumatic brain injury is dismissed because the agency of original jurisdiction must review this case under Higher-Level Review.

The Veteran's TBI residuals are being remanded for further evaluation due to inadequate previous opinions and the need for a thorough review of all medical evidence.

The Board has determined that additional development is needed to address the Veteran's claims for service connection and higher ratings for various disabilities. The issues of service connection for bilateral carpal tunnel syndrome, left foot strain (claimed as left foot condition), residuals of a traumatic brain injury, lumbar spondyloarthropathy/degenerative disk disease, and left elbow lateral epicondylitis are all remanded.

The Veteran's appeal as to the October 2018 decision that granted a separate noncompensable rating for a headache disability is valid. The issue of entitlement to an initial compensable rating for a headache disability must be remanded for issuance of a SOC.

The Veteran's TBI residuals are rated at a 10 percent disability rating, which is granted. The Board found that the Veteran’s subjective symptoms of mild impairment in memory, attention, concentration, and executive functions resulted in mild functional impairment.

The Board denied a change in vocational rehabilitation training program from actor to pharmacist, but granted an extension of the entitlement period for economics degree training.

The Veteran's appeal for increased ratings for PTSD with memory loss, service connection for traumatic brain injury, and left and right upper extremity peripheral neuropathy has been dismissed due to the death of the appellant.

The Veteran's service-connected PTSD with TBI has rendered him so helpless as to require the regular aid and attendance of another person, warranting entitlement to special monthly compensation (SMC) for aid and attendance.

The Board has granted service connection for asthma, TBI, and migraine headaches. The Veteran's psoriasis is denied as not meeting the criteria for a compensable rating.

The Board has denied service connection for multiple conditions, including right breast disability, frostbite residuals, hypertension, type II diabetes mellitus, and high cholesterol. The claims are based on direct service connection without any presumption or secondary relationship to a service-connected condition.

The Veteran's claim for service connection for residuals of traumatic brain injury (TBI) has been reopened and is now considered. The case will be remanded to schedule the Veteran for a VA examination to determine if any current TBI residuals are related to his active service.

The Board has remanded the case for further development, including obtaining an addendum opinion regarding the relationship between the Veteran's sleep apnea and his service-connected conditions, particularly PTSD and frostbite residuals.

The Veteran's obstructive sleep apnea and bilateral lower extremity dermatitis are granted as secondary to his service-connected PTSD and TBI, respectively. The effective date for the award of service connection for tinnitus is set at December 28, 2011.

The Board has remanded the claim for an initial rating in excess of 10 percent for TBI prior to May 31, 2016 due to a lack of adequate medical opinion regarding the extent and severity of TBI residuals that are clearly separable from PTSD manifestations.

The Board has remanded the cases for additional development and adjudication due to new evidence received since the last denial of service connection.

The Veteran's TDIU is granted based on his service-connected PTSD, and the claim for SMC at the statutory housebound rate is also granted.

The Veteran's appeals for increased ratings on various service-connected disabilities were denied. The Veteran was granted service connection for bilateral carpal tunnel syndrome and an acquired psychiatric disorder, which resolved the benefit sought.

The Veteran's hemorrhoids were granted a 10% disability rating for the period prior to November 3, 2019 and a 10% disability rating thereafter.,The Veteran's residuals of frostbite of the right foot were granted a 30% disability rating for the period prior to November 3, 2019 and a 30% disability rating thereafter.,The Veteran's residuals of frostbite of the left foot were granted a 30% disability rating for the period prior to November 3, 2019 and a 30% disability rating thereafter.,The Veteran's bilateral hearing loss was denied an increased disability rating prior to November 21, 2019.,The Veteran's bilateral hearing loss was granted a 30% disability rating since November 21, 2019.

The Board has decided to remand the case due to a need for additional medical opinions regarding whether the Veteran had a TBI during service and if it is related to his current condition.

The Board denied service connection for residuals of a traumatic brain injury (TBI) with short term memory loss, and denied an increased rating for posttraumatic stress disorder (PTSD). The Veteran's TBI is found to have resolved prior to separation from active duty. Her current memory issues are linked to her already service-connected PTSD.