Traumatic brain injury (TBI) decisions — 2021

The Veteran's claims for service connection for headaches and traumatic brain injury have been dismissed as they were granted in a December 2020 rating decision.,Service connection was denied for left hip, right ankle, and right foot conditions due to lack of current diagnoses.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU under 38 C.F.R. § 4.16(a) throughout the period on appeal, but his unemployability is due to his service-connected conditions and other factors. The case is remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's PTSD with depression and TBI with vertigo was found to not meet the criteria for a rating in excess of 70 percent prior to December 1, 2014. The claim for total disability due to individual unemployability prior to December 1, 2014 was dismissed.

The Board has determined that the Veteran's claims for service connection for PTSD and TBI with headaches should be remanded due to the need for additional medical examinations.

The Board has remanded the claims for service connection due to incomplete records from inpatient treatment at DeWitt Army Community Hospital and Walter Reed National Military Medical Center.

The Board has found that the Veteran's claim of entitlement to service connection for TBI is reopened based on new and material evidence. The matter is remanded to obtain private treatment records confirming a diagnosis of TBI.

The Veteran's cervical spine disability is granted a 20% rating, effective from the date of decision. The Veteran's TBI prior to September 23, 2008 and since that date are both rated at 10%. No new evidence or changes in service connection were presented.

The Veteran's claim for a higher award of special monthly compensation (SMC) based on the need for regular aid and attendance due to service-connected disabilities separate from his left leg amputation with loss of use of the left hand was denied. The Board found that none of his other service-connected disabilities, independent of his left leg amputation, require the regular need for aid and assistance.

The Board has remanded the case due to new evidence being associated with the record and a supplemental statement of the case not having been issued. The Veteran's TBI claim is still under review.

The Veteran's claims for service connection have been reopened, and the claim for sleep disorder (Nightmare Disorder) has been granted.,Other claims remain pending and are being remanded by the Board.

The Board has denied the Veteran's claims of service connection for residuals from a head injury, headache disorder, lumbar spine disorder, cervical spine disorder, bilateral shoulder disorder, and bilateral knee disorder. The evidence does not support finding that these conditions are related to service.

The Veteran's initial rating for scars of the left lower extremity is granted at a 10 percent level. The Veteran's left leg tibia fracture and traumatic brain injury claims are remanded due to need for additional development.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various conditions, including TBI, neck disability, back disability, Parkinson's Disease, and an acquired psychiatric disorder. The claims are being remanded to allow for further examination and opinion regarding the etiology of these conditions.

The Veteran's service connection claims for residuals of a lower back injury and TBI have been dismissed. The Veteran's service connection claim for diabetes has been granted, as the condition is presumptively associated with his herbicide exposure during active duty in Vietnam.,Service connection has also been granted for peripheral neuropathy of the right upper extremity, left upper extremity, right lower extremity, and left lower extremity, all secondary to service-connected diabetes.

The Board has decided to remand the claims for low back disability, frostbite of bilateral hands, and frostbite of bilateral feet due to incomplete medical opinions based on the absence of treatment records without consideration of the Veteran's reports. The claims are being returned for additional development.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's service connection for residuals of a traumatic brain injury. The examiner needs to provide an opinion on whether there are any current residuals from his in-service head injuries and if they are related to those injuries.

The Board denied service connection for TBI, COPD, obstructive sleep apnea, and parkinsonism as the evidence did not support a nexus to service.,The Veteran's claims were remanded multiple times but he failed to attend VA examinations. The Board considered his lay statements but found them insufficient to establish a medical relationship.

The Board denied the Veteran's claim for service connection for TBI residuals because there was no current disability and the evidence did not show a then-current TBI disability that was incurred in or related to his military service.

The Board has remanded the Veteran's claims for increased ratings for PTSD and headaches due to new evidence added to the record since the last decision in May 2017. The Veteran is requested to provide additional VA treatment records, and a VA examination is needed to assess the current severity of his service-connected disabilities.

The Veteran's service-connected unspecified trauma-and stressor-related disorder with traumatic brain injury was granted a rating of 50 percent from October 17, 2010 to December 2, 2013.