Traumatic brain injury (TBI) decisions — 2021

The Veteran's PTSD with TBI was granted a 70 percent rating, effective from November 21, 2019. The decision also noted that the Veteran had other conditions such as depression and anxiety.

The Board denied the Veteran's claims for service connection for residuals of a cold weather injury and an acquired psychiatric disorder, including PTSD and major neurocognitive disorder. The evidence did not support current diagnoses or a causal relationship to service.

The Board's decision partially vacates the remand of the Veteran's claim for an initial rating in excess of 40 percent for a TBI due to the Veteran's timely submission of a VA Form 20-0996, Request for Higher-Level Review. The appeal is now under the Appeals Modernization Act (AMA).

The Board has remanded the case for further development to differentiate between symptoms caused by TBI and PTSD, as well as to obtain a clear opinion on the Veteran's service-connected conditions.

The Veteran's appeal to increase his PTSD with TBI rating above 100 percent has been withdrawn by the appellant through his authorized representative, and thus the appeal is dismissed.

The Board dismissed the appeal for an earlier effective date because the RO (AOJ) has not adjudicated this issue, and the claimant must first have it addressed by the RO.

The Board dismissed the appeals due to the Veteran's death, and no effective dates were granted for any of the claims.

The Board found that the Veteran does not have residuals of frostbite of the hands or throat cancer due to service, and thus denied all claims.

The Board has remanded the case due to inadequate examination and lack of VA treatment records. The Veteran's TBI and headache disability claims are being reviewed again with new examinations.

The Veteran's claims of service connection for frostbite bilateral feet, bilateral hearing loss, and tinnitus have been granted. The claim for frostbite bilateral feet is remanded due to the need for a VA examination.

The Veteran's TBI is rated at the lowest level (10%) and does not warrant a higher rating.

The Board has ordered a remand for further development and evaluation of the Veteran's service connection claim for residuals of frostbite, including tinea pedis, hallux valgus, and peripheral neuropathy of the bilateral extremities. The case is being returned to the RO for an adequate medical opinion.

The Board has remanded the claims for service connection for residuals of a traumatic brain injury, right hip disability, left knee disability, and right knee disability due to insufficient evidence.,Service connection was denied for all four conditions as there is no credible evidence linking them to service.

The Veteran's TBI residuals and low back disability are granted, with the former receiving a direct service connection and the latter receiving a 10% rating. The issue of increased rating for the low back disability is remanded.

The Veteran's combined effects of acquired psychiatric disorders and TBI resulted in total social and occupational impairment as of June 16, 2016.,Effective November 5, 2020, the symptoms of vertigo due to an ear condition are considered for a separate rating.

The Veteran's claims for service connection for hemorrhoids and atrial fibrillation are granted, while the claim for left Achilles tendon strain is denied. The claim for frostbite of the 3rd right finger remains pending as it was not addressed in this decision.

The Board denied earlier effective dates for service connection of TBI and TMD, finding that the Veteran did not raise claims prior to July 15, 2010.

The Veteran's left ankle lateral/collateral ligament sprain is granted as service-connected. The initial rating for his left knee strain remains at 10 percent, with the issue of a higher rating being remanded. Service connection for nasal disability and right wrist disability are also remanded. The TDIU claim from June 11, 2007 through November 15, 2011 is still pending.

The Board has ordered additional development due to the need for a new VA examination and opinion regarding the Veteran's claimed TBI and its residuals. The Veteran is seeking service connection for his reported head injury during service.

The Board denied the Veteran's claims for increased ratings for migraine headaches, TBI, and PTSD with TBI. The decision found that the Veteran did not meet criteria for a higher rating in any of these conditions.