Traumatic brain injury (TBI) decisions — 2021

The Veteran's service-connected post traumatic headaches, residual of traumatic brain injury, are rated at 50 percent effective April 16, 2014. The Board finds that the disability picture has remained consistent throughout the appeal period and grants a 50 percent rating.

The Veteran's thoracolumbar spine disorder is currently rated as 20 percent disabled, but the evidence does not support a higher rating due to lack of forward flexion limited to 30 degrees or less during flare-ups or repetitive use. The left and right knee disorders are both rated at 10 percent.,The Veteran's TBI, CFS, neuropathy of the upper extremities, and neuropathy of the lower extremity have not been service-connected.

The Board has remanded the case due to errors in evaluating the Veteran's service-connected disabilities and their impact on his ability to work. The Veteran needs a new VA examination to assess the severity of his frostbite residuals and peripheral neuropathy, as well as any other conditions he may have.

The Board has remanded the case for further development and consideration, including obtaining additional medical records and providing an addendum opinion regarding the cause of death.

The Board has remanded the claims of entitlement to an evaluation in excess of 30 percent for acquired psychiatric disorder to include PTSD and entitlement to an initial compensable evaluation for TBI due to the Veteran's failure to report for scheduled VA examinations. The Veteran is advised that failing to report may result in denial of his claim.

The Veteran's bilateral trochanteric bursitis is granted as secondary to her service-connected fibromyalgia. The Board finds the determination of the August 2017 examiner concerning the relationship between the Veteran’s bilateral trochanteric bursitis and fibromyalgia to be especially probative.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Board has denied service connection for PTSD and TBI as the evidence does not support a finding of in-service injury or disease. The Veteran's claims were also denied for increased ratings for left shoulder scars, rotator cuff disability prior to November 14, 2011, and from July 1, 2013, to December 6, 2013.

The Board denied claims for service connection for various conditions, including alcohol dependence and its secondary effects on other conditions, finding that the evidence did not support a link between these conditions and service.

The Board has granted service connection for a Traumatic Brain Injury (TBI) due to heat injury sustained during active duty service, finding that the evidence is in equipoise as to whether the Veteran has this disability and granting it based on reasonable doubt.

The Veteran's request to reopen his previously denied claim for service connection for a head injury was granted. His claims for increased ratings for right shoulder and left hip disabilities, as well as his TDIU claim, are remanded.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection, including obtaining treatment records and providing examinations.

The Veteran's TBI is rated at 40 percent since March 10, 2020. The appeal for a higher rating or TDIU remains pending.