Traumatic brain injury (TBI) decisions — 2021

The Board has dismissed all claims related to service connection for heart condition and hearing loss, as well as initial disability ratings and effective dates for unspecified trauma and stressor-related disorder and frostbite residuals of the Veteran's bilateral upper and lower extremities.

The Veteran's rosacea is rated at 10% and remanded for further development. The service connection claims for head injury, seizure disability, and cognitive disability are also remanded.

The Veteran's claims for increased evaluations of PTSD and TBI, as well as the award of TDIU were denied. The effective dates for these decisions are not earlier than March 17, 2016.,An effective date prior to March 17, 2016 was also denied for the Veteran's TDIU claim.

The Board denied service connection for Traumatic Brain Injury due to lack of evidence showing a TBI during service.,The Board also denied compensation under 38 U.S.C. § 1151 for Right Kidney Nephrectomy, finding no fault on the part of VA in treatment.

The Veteran's service-connected residuals of traumatic brain injury with unspecified anxiety disorder are rated at 70 percent, which is the maximum rating available under Diagnostic Code 8045. The appeal for a higher rating has been denied.

The Veteran's claim for service connection for tinnitus has been reopened and granted. The effective date of service connection for TBI prior to April 27, 2017 is denied. The effective date of service connection for a scar, residual of TBI, prior to April 27, 2017 is also denied. The Veteran's initial rating in excess of 10 percent for TBI and an initial compensable rating for the scar, residual of TBI, are remanded.

The Board denied the Veteran's claims of service connection for bilateral hearing loss disability, tinnitus, residuals of TBI, and acquired psychiatric disorder, to include PTSD. The reasons given were that there was no evidence of delayed onset hearing loss or other conditions related to service.

The Board has decided to remand the Veteran's claim for a traumatic brain injury and headaches due to insufficient evidence in the record, particularly from service treatment records.

The Board has vacated its previous decision and remanded the case for further review, including a remand on service connection for lumbar spine disability. The Veteran's PTSD is granted at a 70% rating, but other claims are pending.

The Veteran's TBI with PTSD is granted a total rating, and his left eye recurrent corneal erosions, painful motion of the left knee (patellofemoral pain syndrome), GERD, and degenerative arthritis of the thoracolumbar spine are all granted increased ratings. The Veteran’s tendon strain of the right fifth finger remains remanded.

The appeal for high cholesterol is dismissed. The Board has remanded the issues of hypertension, right hip disability, left hip disability, TBI residuals, seizure disability, and thoracolumbar spine degenerative disc disease.

The Veteran's claim for service connection for chronic sinusitis with headaches, PUD, appendectomy scar, frostbite residuals of the right foot, and PN of the bilateral feet has been reopened. Effective May 13, 2010, service connection was granted for left foot PN. An effective date prior to April 18, 2011, is denied for all other issues.,Right foot conditions, including hallux valgus and plantar fibroma status post fascial injury, are remanded for clarification of their etiology.

The Veteran is granted a separate 50% rating for migraine headaches from October 23, 2008 to March 15, 2012. He is also granted a TDIU and SMC based on the regular need for aid and attendance since April 17, 2009.

The Veteran's left and right thumb scars, as well as his TBI residuals, have been granted a disability rating of 10 percent each. The appeal for increased ratings is denied.

The Veteran's bilateral hearing loss has been rated as noncompensable, and the Board finds that this rating is correct.,The Veteran's PTSD with TBI was previously rated at 50 percent prior to December 9, 2013, and at 70 percent thereafter. The RO must address whether a higher rating is warranted for the period from December 9, 2013, to present, excluding periods of temporary total ratings.,The Veteran's left foot pes planus was previously rated as noncompensable prior to May 18, 2018. The RO must address whether a higher rating is warranted for the period from May 18, 2018, to present.

The Board denied service connection for residuals of frostbite of the feet, finding that there is no current disability and no causal relationship to service.

The Board has decided to remand the case due to insufficient reasoning regarding a separate disability rating for cognitive impairment and/or emotion or behavioral dysfunction resulting from TBI, in addition to the staged ratings already assigned for PTSD. The Veteran's claim is now being sent back for further development.

The Board has remanded the issues of service connection for an acquired psychiatric disorder, including PTSD, a delusional disorder or alcohol use disorder; traumatic brain injury (TBI) residuals; neck disorder and lower back disorder due to unresolved medical evidence.

The Veteran's PTSD, chronic with alcohol abuse, and TBI have been rated at 50% prior to September 26, 2015, and at 70% on and after that date. The appeal is denied as the criteria for a higher rating are not met.

The Board has granted service connection for bilateral pes planus and a traumatic brain injury. The issues of service connection for an acquired psychological disorder other than PTSD, hypertension, and a disability manifesting in dizziness and loss of balance are remanded.