Traumatic brain injury (TBI) decisions — 2021

The Board has remanded the case due to inadequate medical opinions and for obtaining new evidence, including VA and private treatment records. The Veteran's representative is also advised to submit any new pertinent evidence.

The Veteran's service-connected TBI and anxiety disorder are currently rated at 50 percent, but the Board denied an increased rating as his symptoms do not warrant a higher evaluation.

The Board denied service connection for bilateral hearing loss, right knee disability, left foot disability, and right foot disability. The lumbar spine disability was granted a 20% rating but not in excess of that.

The Veteran's initial evaluations for migraine headaches and TBI were denied, with the Board finding that his symptoms did not meet the criteria for higher ratings under applicable diagnostic codes.

The Board has remanded the case due to errors in obtaining relevant medical records and providing an adequate opinion regarding the relationship between the Veteran's service-connected disabilities and his obstructive sleep apnea.

The Veteran's TBI and post-stroke condition are being remanded for further examination to determine the nature, etiology, and current symptomology of his disabilities. The issues of TDIU are also being remanded due to their inextricability with the TBI rating issue.

The Board has determined that the Veteran's service-connected disabilities at least as likely as not result in him needing regular aid and attendance of another person, warranting entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance.

The Board dismissed the appeals for service connection of headache and TBI conditions due to the Veteran's death.

The Veteran's TBI disability is rated at 10% and does not warrant a higher rating.,For the period prior to September 29, 2020, the Veteran’s hip condition with limitation of abduction is rated at 0%. From September 29, 2020 onwards, it remains rated at 0%,The Veteran's left sacroiliac condition with limitation of extension of the thigh is rated at 0%.,The Veteran's left pubis and sacroiliac condition with limitation of flexion of the thigh is rated at 0%

The Veteran's claims for service connection for TBI, a back disability, hearing loss, and tinnitus have been denied as there is no current diagnosis of these conditions.,Service connection cannot be established for the claimed disabilities due to lack of evidence linking them to service.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, to include as secondary to service-connected traumatic brain injury (TBI), and for a higher rating for cervical spine strain due to inadequate medical opinions.

Service connection for IBS is denied as there is no current diagnosis of the condition.,Service connection for residuals of TBI is granted based on credible evidence of in-service injury and consistent with service.

The Veteran's claim for an initial rating in excess of 50 percent for PTSD with TBI was denied. The evidence did not support a higher rating as the symptoms resulted in occupational and social impairment with reduced reliability and productivity.

The Board has remanded the case due to inadequate examination and need for new evidence. The Veteran's TBI symptoms, including vision difficulties and short-term memory problems, will require further evaluation.

The Board has remanded the Veteran's claims for additional development due to inadequate examinations and incomplete records. The issues of entitlement to increased ratings for thoracic strain, left knee medial compartment narrowing status post ACL repair, and unspecified trauma and stressor related disorder with alcohol use disorder and traumatic brain injury (TBI) are being returned to the RO for further action.

The Veteran's PTSD and TBI have been granted increased ratings, with the highest rating of 70% for PTSD as of June 1, 2007 (excluding periods of previously assigned 100% rating). The Veteran's TBI has also received an increased rating to 60%. Both conditions are rated based on their direct impact without any presumption or secondary service connection.

The Veteran's organic brain syndrome and traumatic brain injury are rated at 50 percent, but the Board has remanded for further development to determine if a higher rating is warranted.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) starting from March 14, 2004, due to his service-connected migraine headaches and traumatic brain injury. The Board found that the Veteran's disabilities prevent him from securing or maintaining substantially gainful employment.

The Board has granted service connection for left wrist DJD and remanded the issue of service connection for residuals of TBI.

The Board has granted a total disability rating based upon individual unemployability (TDIU) on an extraschedular basis, considering the Veteran's service-connected disabilities and their impact on his ability to work. The decision is effective from the date of death, December 2015.