Traumatic brain injury (TBI) decisions — 2021

The Veteran's appeals for service connection were dismissed due to his death.

The Board denied the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) as there is no current diagnosis or evidence linking any current symptoms to active service.

The Veteran's TBI residuals have been rated at 70 percent, but no higher.,His post-operative hemorrhoids and left eyelid ptosis do not meet the criteria for a compensable or higher rating.

The Veteran's appeal for a higher rating for acute intermittent tension headaches has been dismissed. The claim for SMC based on the need for regular aid and attendance was denied as his service-connected disabilities did not render him helpless enough to require such assistance.

The Veteran's headaches associated with traumatic brain injury were denied for various periods, and the evaluation of PTSD was also denied.

The Veteran's claim for service connection for a psychiatric disorder is being reconsidered due to new evidence. The TBI rating remains at 10 percent, and the nasal fracture and lumbar spine disability ratings are also remanded for further evaluation.

The Veteran's TBI residuals are currently evaluated as 10 percent disabling, which is the maximum schedular rating available.,The effective date for service connection of radiculopathy of the right lower extremity was denied prior to February 20, 2017.,The effective date for service connection of radiculopathy of the left lower extremity was granted as August 27, 2014.

The Veteran's claim for service connection for a Traumatic Brain Injury (TBI) was granted with an effective date of February 4, 2014. His disability rating has been at 100% since September 28, 2007.

The Veteran's request for readjudication of a previously denied claim for service connection for a TBI is granted, and the case is remanded due to pre-decisional duty to assist error.

The Board has remanded the case due to lack of substantial compliance with previous remand instructions regarding an in-service assault and its impact on current symptoms.

The Board has denied service connection for a right knee disorder, back disorder, frostbite residuals of the hands and feet, and vertigo.,There is no indication that any of these conditions were incurred or aggravated by military service.

The Veteran's service-connected disabilities, including bilateral defective hearing loss, headaches associated with TBI, tinnitus, scar of right thigh, and TBI, preclude substantially gainful employment consistent with his education and occupational experience. The Board has determined that the criteria for a total disability rating on the basis of individual unemployability due to service-connected disabilities have been met.

The Veteran is granted a 50 percent rating for migraine headaches secondary to service-connected TBI throughout the period on appeal.,The Veteran's claim for an initial rating in excess of 10 percent for TBI is remanded.

The Board has granted service connection for restrictive lung disease and residuals of traumatic brain injury, finding that the Veteran's current conditions are related to his in-service exposure to environmental and chemical hazards.,Service connection is also granted for the Veteran's residual TBI, including headaches, visual photosensitivity, and cognitive impairment (memory and concentration), based on credible evidence linking these symptoms to his combat experience.

The Veteran's claims for service connection for various conditions, including TBI residuals, Chronic Pain Disorder, Headache Disorder, and Right Shoulder Arthritis as secondary to the service-connected lumbar spine degenerative disc disease with intervertebral disc syndrome (IVDS), were denied. The Board found that there was no current disability related to these conditions at any time during the pendency of the appeal.

The Board denied an earlier effective date for service connection for frostbite of the left and right feet, finding that the earliest possible effective date was July 18, 2013.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment.

The Board has decided to remand four of the Veteran's claims for additional development due to incomplete records and need for further medical opinions. The claims include service connection for a back disability, left knee disability, acquired psychiatric disability, and residuals of a traumatic brain injury.

The Veteran's appeal for a higher level of SMC based on the need for aid and attendance due to service-connected Traumatic Brain Injury has been dismissed as there is no justiciable issue remaining.

The Veteran's PTSD with MDD, to include symptoms of TBI, is restored to a 70 percent disability rating effective April 14, 2017.