Traumatic brain injury (TBI) decisions — 2021

The Board has decided to remand the case due to a previous error in relying on an outdated VA examination report. The appellant's bilateral hand disorder, including residuals of frostbite, needs further evaluation and opinion by a VA medical professional.

The Board has decided that the Veteran's claim for service connection for residuals of traumatic brain injury (TBI) should be remanded due to insufficient evidence and need for a VA examination.

The Board has remanded the case for an addendum opinion regarding whether the Veteran sustained a TBI in service and if his headaches are related to such. The addendum opinion should consider the Veteran's reported symptoms during service and post-service.

The Veteran's frostbite of the right hand is rated at 30 percent effective March 26, 2009.,For her spondylosis with degenerative changes T5-6 prior to March 26, 2010, the rating remains at 10 percent.,From March 26, 2010, the Veteran's spondylosis with degenerative changes T5-6 is rated at 20 percent.

The Board has decided to remand four separate claims related to the Veteran's disabilities, including TBI residuals, seizure disability, and cranial nerve disabilities. The Veteran will need new examinations to determine the current severity of these conditions.

The Veteran's service-connected TBI and right foot drop were not granted increased ratings, with the TBI remaining at a 10 percent rating and the right foot drop at a 40 percent rating.

The Veteran's posttraumatic headaches associated with TBI are rated at 30 percent effective from December 18, 2020. The rating for traumatic brain injury remains at 0 percent prior to December 18, 2020 and 10 percent from that date.

The Board has remanded the Veteran's claims for additional development and clarification of her diagnoses, etiology, and symptomatology. The issues include service connection for various eye disabilities, heat exhaustion residuals, psychiatric disorders other than PTSD (including somatization disorder), frostbite, TBI, left ankle disability, and right ankle disability.

The Veteran's TBI with MDD caused occupational and social impairment, but not total impairment. The Board granted a 70 percent rating for the period from June 25, 2015 through November 13, 2016.

The Board has determined that the Veteran's head injuries incurred on July 3, 2015 were in the line of duty and not due to willful misconduct. Therefore, service connection for residuals of a TBI is granted.

The Veteran's major neurocognitive disorder due to TBI is rated at 50 percent from August 17, 2012, to October 14, 2019. The seizure disorder remains rated at 10 percent.

The Board has remanded the cases for further action due to lack of recent VA treatment records. The appellant is asked to provide details about his VA treatment and obtain any missing records.

The Veteran's TDIU claim is granted for the entire period on appeal, as his service-connected disabilities have prevented him from obtaining and maintaining substantially gainful employment.

The Board denied service connection for various conditions, including lumbar spine disability, right and left lower extremity frostbite residuals, psychiatric disorder (including PTSD), prostate cancer, cervical spine disability, shoulder, elbow, and wrist disabilities, and gastrointestinal disorders. The claims were not reopened due to lack of new and material evidence.

The Veteran's TBI residuals, other than PTSD and migraine headaches, are rated at 10 percent.,His migraines associated with the TBI do not meet the criteria for a compensable rating.

The Veteran's claims for increased ratings for residuals of TBI, headaches, and frontal skull paresthesia have been denied. The Board found that the symptomatology is consistent with the assigned ratings.

The Veteran's TBI disability is currently rated at 10 percent, and the Board has denied an increased rating. The claim for a total disability rating based on individual unemployability prior to September 14, 2013, was also denied.

The Board has remanded the cases for further development and consideration due to new evidence received after the appeal was certified to the Board.

The Veteran's claim for service connection for TBI is granted. The claims for Dercum's disease, acromegaly, right and left wrist carpal tunnel syndrome, hypermobility syndrome, testicular/inguinal hernia (left inguinal fat pad hernia), male hypogonadism, respiratory disability, mast cell disorder, hemolytic anemia, and TMJ are all denied due to lack of evidence linking these conditions to service or service-connected disabilities.

The Board denied service connection for right elbow arthritis, left elbow arthritis, right knee arthritis, and left knee arthritis. The claim for traumatic brain injury (TBI) was also denied.,Service connection was not granted as the evidence did not support a finding that any of these conditions were incurred or aggravated by active service.