Traumatic brain injury (TBI) decisions — 2021

The Veteran's claim for an increased rating in excess of 30 percent for migraines has been denied. The Veteran's claim for an increased rating in excess of 70 percent for PTSD with residuals of TBI has also been denied.

The Veteran's service-connected disabilities, including PTSD, TBI residuals, and pes planus, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the claim for Total Disability Rating Based on Individual Unemployability (TDIU).

The Board denied the Veteran's claim for service connection for residuals of traumatic brain injury as there is no evidence of a TBI or its residuals during his honorable period of active duty.

The Veteran's PTSD and TBI resulted in significant occupational and social impairment, warranting a 70% rating. The appeal is granted for the entire period on appeal.

The Board has found that the remand directives have not been substantially complied with and has ordered a new VA medical opinion to address whether the unspecified neurocognitive disorder began during service, manifested within one year after discharge from service, or was noted during service with continuity of symptomatology since service.

The Board has decided to remand several claims for further development, including obtaining additional medical records and conducting examinations to address the Veteran's service connection claims.

The Veteran's appeal for an increased disability evaluation for tinnitus has been withdrawn.,The claims of service connection for frostbite residuals of the bilateral feet and a dental condition have been reopened due to new and material evidence, but are still denied.,Service connection for bilateral hearing loss is granted based on current evidence showing sensorineural hearing loss.,Other issues such as back condition, TBI, vision loss, cerebellum condition, left leg condition, speech condition, and service connection for a dental condition remain pending.

The Board has granted service connection for residuals of frostbite of the bilateral feet, PTSD, and hypertension. The claims for TBI, right shoulder disability, left shoulder disability, carpal tunnel syndrome, bilateral eye disability, and back disability are remanded.

The Veteran's appeal for a disability rating of 100 percent for PTSD with Alzheimer's disease, other specified depressive disorder and traumatic brain injury prior to November 27, 2019 has been dismissed due to the death of the Veteran.

The Veteran's TBI with depressive disorder is rated at 70 percent since June 9, 2013.,Migraine headaches are currently rated at 50 percent.

The Board dismissed the appeals for neck, TBI, and upper extremity radiculopathy issues as they were withdrawn by the Veteran. Service connection was granted for arthritis of the thoracolumbar spine, right shoulder disorder, and lower extremity radiculopathies secondary to service-connected arthritis.

The Board has remanded the case due to inadequate medical opinions and the need for additional evidence, including pre-service mental health treatment records.

The Board has determined that the Veteran's claim for service connection for joint and bone pain cannot be reopened due to lack of new and material evidence. The claims for increased ratings, TDIU, headaches, and residuals of a traumatic brain injury are all remanded for further development.

The Veteran's PTSD with major depressive disorder and its residuals from a traumatic brain injury have been granted an initial 70 percent disability rating since November 9, 2018.

The Veteran withdrew all pending appeals and claims, including the one seeking an increased rating for TBI residuals.

The Board has granted service connection for right and left hand frostbite residuals, finding that the Veteran's current bilateral hand disability is related to frostbite sustained during active service.

The Board has denied the Veteran's claims for service connection for a TBI and bilateral hearing loss, finding that there is no evidence of current disabilities or in-service incurrence.

The Veteran's TBI residuals are currently evaluated as 40 percent disabling from October 15, 2020. The decision grants a higher evaluation for the veteran's TBI disabilities.

The Veteran's claims for service connection for various disabilities are being remanded due to the need for additional development and examination.,The Veteran's claims for service connection for a left shoulder/arm disability, right shoulder/arm disability, left foot/ankle disability, and right foot/ankle disability are being remanded. The examiner must consider exposure to toxins in the Southwest Asia Theater of Operations as well as whether any of his claimed disabilities are unexplained illnesses or MUCMIs.,The Veteran's claims for service connection for bilateral ear pain, sinusitis, lung mass, and pneumonia are being remanded. The examiner must consider whether these symptoms are related to his service in the Southwest Asia Theater of Operations, including consideration of whether they are undiagnosed illnesses or MUCMIs (including fibromyalgia).,The Veteran's claims for service connection for an enlarged heart, hematochezia, and colon polyps are being remanded. The examiner must consider whether these conditions began during or are related to his active duty service.,The Veteran's claim for service connection for thalassemia is being remanded. The examiner must determine if the condition is a congenital defect or disease and whether it was incurred or aggravated by service.

The Veteran's claim for an effective date prior to April 10, 2018, for the award of special monthly compensation (SMC) based on need for regular aid and attendance was denied. The Board found that the Veteran did not file a formal or informal claim for SMC before April 20, 2018, and that it was not factually ascertainable he needed regular aid and attendance within one year prior to his claim.