Traumatic brain injury (TBI) decisions — 2021

The Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) other than headaches was denied. The Board found no evidence of non-headache TBI residuals.,A rating of 30 percent for right knee status-post cartilage restoration surgery with degenerative arthritis, but not higher, is granted from December 29, 2013 to September 23, 2019. The Veteran's condition was found to more closely approximate the criteria for a 30 percent rating during this period.

The Veteran's PTSD is granted with a rating of 30 percent from September 26, 2013 to June 12, 2015 and 50 percent thereafter. The TBI rating remains at 40 percent since March 8, 2016.

The Veteran's claims for hypertension, TBI, acquired psychiatric disorder, headaches, and respiratory disorder were denied as they are not service-connected.

The Board has remanded the cases due to inadequate consideration of the Veteran's lay statements regarding his in-service TBI and related symptoms. The cases are also remanded for additional development, including obtaining private treatment records from Dr. H., associating outside treatment records with the claims file, and scheduling a VA examination for sinusitis.

The Veteran's sinusitis with headaches is rated as 50 percent disabling from May 16, 2007 to August 20, 2015.,Entitlement for a higher rating for sinusitis with headaches from August 20, 2015 and thereafter is denied.

The Board denied the Veteran's claims for service connection for TBI, bilateral hearing loss, and tinnitus. The claim for an increased rating for left elbow disability was also denied.

The Veteran's service connection claims for TBI, its residuals, and an acquired psychiatric disorder including PTSD and depression are granted. The Board finds the evidence in relative equipoise as to whether the Veteran has these conditions due to military sexual trauma (MST).

The Veteran's service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment prior to July 31, 2017. From July 31, 2017, his combined disability rating is 100%, but he does not have a single disability rated at least 60% disabling or one disability rated at least 40% disabling and the evidence does not indicate total unemployability due to one disability.

The Veteran's TBI residuals with seizure disorder and lumbar spine disability are granted as service connection is established for these conditions.

The Board has vacated the February 2018 decision on several service connection claims due to a misinterpretation of the line of duty determination. The claims are now remanded for further development, including obtaining missing service treatment records and scheduling VA examinations.

The Board has remanded the Veteran's claims for compensation pursuant to 38 U.S.C. § 1151 due to inadequate medical opinions and the need for additional VA examinations.

The Veteran's claims for service connection and increased ratings are remanded due to the need for additional examinations and evaluations.

The Veteran's broken nose residuals are granted as service connected.,Service connection for an acquired psychiatric disorder is denied.,Service connection for TBI residuals is granted.,A new VA examination is required to determine the current severity of the lumbosacral strain with degenerative arthritis.

The Board has remanded the Veteran's claims of service connection for a low back disability and traumatic brain injury due to outstanding records that need to be obtained, including SSA records and treatment records from United States Public Health Hospital. A VA examination is also needed for both conditions.

The Veteran's claim for service connection of TBI with memory loss was dismissed due to the Veteran's request for withdrawal.,PTSD was granted a 70% disability rating, effective December 1, 2014. The Veteran is not entitled to a higher rating.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims for increased evaluations for PTSD, service connection for TBI residuals, and a total disability rating based on individual unemployability due to service-connected disabilities. The Veteran will be provided with forms to complete and VA will attempt to obtain all relevant records.

The Veteran has withdrawn all claims on appeal, including those related to joint pains, bilateral hearing loss disability, TBI residuals, psoriasis, and other conditions. The Board dismissed these appeals as the Veteran's attorney requested withdrawal of all issues.

The Veteran's acquired psychiatric disability and traumatic brain injury are granted service connection, with the Board finding that his conditions had their onset during service.

The Board dismissed the Veteran's appeals for service connection for cold injuries, residual of the right hand and left hand, hypertension, unspecified depressive disorder, loss of memory or TBI. The claims for a bilateral hip disability secondary to service-connected orthopedic disabilities and total disability rating based on individual unemployability (TDIU) are remanded.

The Veteran's service-connected disabilities do not prevent him from securing or maintaining substantially gainful employment.