Traumatic brain injury (TBI) decisions — 2021

The Veteran's appeal for increased evaluations of traumatic brain injury was dismissed as he withdrew his appeal in April 2021.

The Veteran is granted a rating of 50 percent for his posttraumatic headache disability, effective from the entire appeal period. The initial compensable rating for TBI remains denied.

The Veteran's PTSD with TBI has been granted a 70 percent disability rating, effective from March 13, 2015. The right hip issues remain under review.

The Veteran's service-connected disabilities, including adjustment disorder with mixed anxiety and depressed mood, acne with residual scarring, sleep apnea, tension headaches, left shoulder rotator cuff tendonitis, left knee degenerative joint disease, right shoulder tendinitis, lumbosacral spine degenerative arthritis, chronic right ankle strain, bilateral pes planus, right great toe injury, hypertension, left and right knee instability, and traumatic brain injury, have rendered him unable to maintain substantially gainful employment since June 11, 2012.

The Veteran's major depressive disorder and associated TBI are currently rated at 50 percent, effective December 19, 2016. The Board finds that the evidence does not support a higher rating prior to this date.

The Veteran's migraine headaches associated with TBI are rated at 50 percent since November 8, 2018. The Veteran is granted a separate increased disability rating of 30 percent prior to that date and granted TDIU.

The Board has remanded the cases for further development due to inadequate examination reports and the need for addendum opinions.

The Board has decided that a VA examination is needed to determine if the Veteran's TBI was caused or aggravated by his military service. The case is being sent back for further review.

The Board has remanded the case due to an inadequate examination in February 2017, and a new examination is needed to assess the current severity of the Veteran's service-connected TBI.

The Board has remanded the case for further examination to determine if the Veteran currently has a diagnosis of TBI and its etiology.

The Board has found that the Veteran does not have residuals of a broken right leg other than his already service-connected status-post surgical ORIF/osteocentesis of the right knee with post-surgical complications and residuals and right hip joint replacement.,The Veteran's left hip condition is remanded for further examination to determine if there are any current diagnoses or functional impairment.

The Veteran's left eye blindness and TBI are being remanded for further evaluation as his symptoms have reportedly worsened since the last VA examinations in 2017.

The Veteran's service-connected PTSD, right foot residuals of frostbite, and left foot residuals of frostbite rendered him unable to secure or follow a substantially gainful occupation prior to May 10, 2018. As such, the Board granted his claim for TDIU.

The Board has denied an initial rating in excess of 30 percent for PTSD and remanded the cases regarding service connection for right knee condition, residuals of TBI, and PTSD. The Veteran's PTSD symptoms have resulted in disturbances of motivation and mood but do not more closely approximate occupational and social impairment with deficiencies in most areas or an inability to establish or maintain effective relationships.

The Veteran's claims of service connection for obstructive sleep apnea, migraine headache disability, bilateral flatfoot (pes planus), and TBI have been granted. The Board found that the Veteran's current conditions are related to his service-connected PTSD.

The Board denied service connection for frostbite residuals, blackouts with loss of consciousness, right knee disorder, left ankle disorder, low back disorder, and headaches. The case is remanded for an updated examination of the Veteran's forehead scar.

The Veteran's TBI is rated at 70 percent disabling, and the Board denied an increased rating. The Veteran also meets criteria for a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board has remanded the Veteran's claim for a rating in excess of 10 percent for Traumatic Brain Injury (TBI) due to the need for additional examinations and consideration of new symptoms.

The Board has remanded several issues related to the Veteran's service connection claims, including TBI, low back disability, knee and shoulder disabilities, nerve damage of upper extremities, urticaria, allergic rhinitis, chronic diarrhea, and left ear hearing loss. The Veteran will need new examinations for these conditions.