Traumatic brain injury (TBI) decisions — 2021

Service connection for PTSD and memory loss (claimed as dysthymic disorder) is denied.,Service connection for acquired psychiatric disorders other than PTSD, including dysthymic disorder and depression, and residuals of a TBI are remanded for further development.

The Veteran's service-connected TBI is currently rated as part of his 100 percent rating for generalized anxiety disorder (GAD) with depressed features and residuals of TBI.,His tonic-clonic seizures with grand mal seizures have been rated at the maximum allowable under Diagnostic Code 8910.

The Veteran's PTSD with TBI is granted a 70 percent rating, effective prior to October 23, 2014. The left shoulder dislocation residuals are denied any increase in rating. The left knee DJD with limitation of motion and instability is also denied an increased rating.

The Board has remanded the Veteran's claims for calcaneal spur, left foot and ankle; disabilities of the feet to include plantar fasciitis and bilateral pes planus; diabetes mellitus, Type II; TBI; and psychiatric disorder (PTSD). The issues are related to service connection.

The Board has granted service connection for TBI, migraine headaches, and vertigo. The decision is based on the Veteran's credible lay statements, in-service injury, and positive nexus opinions.

The Board has remanded the Veteran's claims for a compensable disability rating for TBI prior to June 27, 2013 and a higher disability rating for major depressive disorder with residuals of TBI from that date onwards. The effective date for the grant of TDIU is also being remanded.

The Board has decided to remand the Veteran's claims for service connection due to incomplete records and need for further examinations.

The Veteran's claim for service connection for TBI and related conditions, including headaches, was denied as new and material evidence was not submitted.,The Veteran's claim for service connection for hypertension was denied as new and material evidence was not submitted.

The Board has remanded several service connection claims due to the Veteran's failure to appear for a scheduled DRO hearing. The remaining issues are still under review.

The Veteran's TBI residuals are rated at 10 percent for the entire initial rating period from May 1, 2011. The symptoms include mild memory loss and occasional dizziness that mildly interfere with work and activities of daily living.

The Veteran's service-connected PTSD, TBI residuals, and chronic headaches have prevented him from securing or following a substantially gainful occupation since October 31, 2011. The Board has granted an extraschedular Total Disability Rating based on Individual Unemployability (TDIU) for the period from October 31, 2011 to April 10, 2014.

The Veteran's residuals of traumatic brain injury are granted as they resulted from the August 2009 IED blast in Afghanistan during active service.

The Veteran's PTSD and cognitive disorder NOS due to TBI and post-concussive syndrome, with MDD and anxiety disorder are granted an initial rating of 70 percent, effective February 13, 2020. The lumbar strain and scoliosis with degenerative arthritis and IVDS remain rated at 40 percent as of January 18, 2020.

The Veteran's tinnitus is currently rated as 10 percent disabling, effective September 12, 2012. The claim for an increased rating must be denied based on a lack of entitlement under the law.,The Veteran filed his claim of entitlement to service connection for headaches more than one year after his separation from active service and years following the first complaints and/or treatment for headaches. An effective date prior to August 24, 2017, is not warranted as the claim was received in August 24, 2017.,The Veteran's erectile dysfunction, anxiety and mood disorder, and TBI disabilities are currently rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran has not been afforded a VA examination to determine if he has an eye disability (macular holes) due to his military service. A remand is required to schedule such an examination.,The Veteran's PTSD claim remains pending as there is conflicting evidence of record regarding whether the Veteran currently has PTSD. A new VA examination is needed to clarify this issue.,The Veteran's right shoulder disability, bilateral knee disabilities, cervical strain, and left lower lumbar radiculopathy are rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran's lumbosacral DDD, right calcaneal spurring, and left lower lumbar radiculopathy disabilities have not been evaluated since April 2019. A new VA examination is needed to evaluate these conditions based on their current severity.,The Veteran's headaches are currently rated as 50 percent disabling under DC 8100. The claim for an evaluation in excess of 50 percent remains pending and a remand is required to schedule the Veteran for a VA examination to assess his functional impairments, if any.,The Veteran has not been afforded a VA examination to determine whether he should be granted earlier effective dates prior to August 24, 2017. A new VA examination is needed to evaluate these issues based on their current severity.,The Veteran's nonservice-connected pension claim remains pending as the remanded issues could significantly impact this decision.

The Veteran's injuries from the April 1980 motorcycle accident are found to have been incurred in the line of duty and not due to his own misconduct. The claim for service connection for residuals of traumatic brain injury is granted, while the TDIU issue remains pending.

The Board has remanded the Veteran's claims for additional development due to inconsistencies in medical opinions and need for further examination. The issues include rating TBI prior to June 21, 2016, PTSD with TBI since June 21, 2016, and TDIU prior to June 21, 2016.

The Veteran's right hip inflammatory arthritis is currently rated based on limitation of adduction with inability to cross legs, effective December 23, 2019. The Veteran does not meet the criteria for a higher or separate rating during the period on appeal.,The Veteran’s TBI remains remanded due to inadequate neuropsychiatric testing and incomplete disability benefits questionnaire.

The Board has remanded the Veteran's claims for service connection for erectile dysfunction as secondary to his service-connected disabilities, including medication, and for special monthly compensation based on a higher need for aid and attendance. The case is being returned to the VA for further examination and analysis.

The Veteran's claims for increased ratings for residuals of a TBI and headaches are being remanded due to inadequate examinations performed in prior years. A new examination is required, including neuropsychological testing and mental health evaluations.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current respiratory disability, hearing loss of the right ear, or right ankle disability. The Veteran also did not have a current acquired psychiatric disorder, left knee disability, right knee disability, tinnitus, right index finger metacarpal fracture, left ear hearing loss disability, positive tuberculosis skin test, hypertension, hemorrhoids, scars of the right knee, left ankle, and tailbone, or hidradenitis suppurativa. The Veteran's TBI claim was granted.