Traumatic brain injury (TBI) decisions — 2021

The Veteran's migraines are rated at a maximum of 50 percent from January 17, 2017 and his TDIU is granted effective the same date.

The Board has dismissed the appeal of tendonitis. The Veteran's claims for gastroenteritis, TBI, acquired psychiatric disability, hypertension, and headache disability are all remanded due to insufficient evidence or further clarification is needed.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's TBI disability, including whether it had its onset during active service or is related to his military service.

The Board has found that additional development is needed for the issues on appeal, including obtaining treatment records and scheduling VA examinations to evaluate the Veteran's spine disability and address service connection claims.

The Veteran's acquired psychiatric disorder to include PTSD is granted a rating of 70 percent, but no higher, prior to January 27, 2021. The Veteran's TBI is denied as not warranting a compensable rating prior to that date.

The Board has remanded the case due to inconsistencies in the Veteran's statements regarding an in-service head injury and the need for further investigation into whether such an event occurred. The Veteran is also required to be examined if evidence corroborating the in-service event is obtained.

The Veteran's PTSD is granted with a 100% rating as of December 18, 2017. Headaches are also granted and linked to his service-connected PTSD.

The Board has granted service connection for the TBI residual of vertigo and denied service connection for an eye disability. The Veteran's current vertigo is related to his in-service TBI, while his left eye choroidal nevi are not considered a disability for VA compensation purposes.

The Veteran's appeal is remanded for a new VA examination to reassess the severity of his PTSD and TBI, as well as any sleep impairment or memory loss due to PTSD. The current combined rating of 30 percent for PTSD with TBI remains in place.

The Board denied the Veteran's claim for a separate evaluation for TBI from PTSD, finding that symptoms of both conditions cannot be differentiated.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to their death.

The Veteran's claims for effective dates prior to specific dates are being remanded due to procedural issues and lack of formal or informal claims.

The Board has vacated the denial of special monthly compensation by reason of being housebound or based on the need of regular aid and attendance, as the Veteran meets the schedular requirements for SMC at the housebound rate due to his service-connected disabilities.

The Board has remanded the Veteran's claims for a disability evaluation in excess of 10 percent for service-connected TBI and for a total disability evaluation based on individual unemployability (TDIU) due to service-connected disabilities. Additional development is needed, including obtaining updated private medical records, scheduling examinations to assess the severity of the Veteran's TBI and residual anxiety, and requesting completion of a VA Form 21-8940 from the Veteran.

The Board has remanded the claims for tinnitus, right knee disability, sarcoidosis, and TBI due to incomplete service records. The AOJ is instructed to attempt to obtain in-service treatment records from Germany where the Veteran was stationed.

The Veteran's claim for service connection for a traumatic brain injury is denied as the evidence does not support a finding that he had such an injury during his active service.,The Veteran's lumbar spine disability, rated at 40 percent prior to August 19, 2014, and 20 percent thereafter, is remanded for further development due to inconsistencies in the medical records regarding the nature of the injuries sustained during service.,The Veteran's right lower extremity radiculopathy is granted a higher rating of 40 percent from November 8, 2019, but his left lower extremity radiculopathy remains at 40 percent. Both conditions are remanded for further development.,The Veteran's bilateral hearing loss claim is also remanded as the evidence does not meet the criteria for a higher rating.

The Veteran's service-connected bilateral plantar fasciitis is currently rated at 30 percent effective June 24, 2019.,The Veteran's service-connected lumbar strain is currently rated at 20 percent.,The Veteran's service-connected PTSD is currently rated at 70 percent after March 1, 2017, and 50 percent prior to that date.,The Veteran's service-connected TBI is not entitled to a compensable rating.,The Veteran's service-connected headaches are currently rated as 30 percent effective March 3, 2017.

The Board denied service connection for residuals of frostbite, low back disability, asthma, high blood pressure, and diabetes mellitus as there was no evidence linking these conditions to the Veteran's military service.

The Veteran's multiple service-connected disabilities, including TBI and PTSD, do not prevent him from securing or following substantially gainful employment due to his educational and occupational history.

The Veteran's TBI is rated at 40 percent since March 20, 2019. The Board has remanded the issues of increased rating for TBI and entitlement to a total disability rating based on individual unemployability (TDIU).