Traumatic brain injury (TBI) decisions — 2021

The Veteran's appeal is remanded due to insufficient evidence for the disability rating and effective date issues related to their TBI.

The Veteran's TBI is currently rated as 10 percent disabling, and the Board has determined that a higher rating is not warranted.,For headaches, the Veteran was granted an initial 30 percent rating effective April 7, 2016. The issue of whether he should receive a higher rating remains pending.

The Veteran's TBI with vertigo and TDIU claims are remanded due to the need for a new VA examination, as well as VCAA notice regarding his TDIU claim.

The Board has remanded the cases for further action due to ambiguities in the Veteran's Notice of Disagreement and the need for additional examinations.

The Board has decided to remand the claims for service connection for headaches and traumatic brain injury due to insufficient medical opinions and consideration of the Veteran's statements regarding his symptoms.

The Veteran's claims for PTSD and breathing problems due to asbestos exposure are being remanded as new opinions are needed.,The Veteran's claim for allergic rhinitis is being remanded because his condition may have worsened since the last examination.,The Veteran's claim for right shoulder disability is being remanded due to insufficient evidence of increased severity over time.,Whether the character of the Veteran's discharge during December 1998 to October 2001 constitutes a bar to VA compensation benefits is being remanded as new opinions are needed regarding mental health issues and insanity.,The Veteran's claim for an undiagnosed illness or MUCMI, including weight changes, idiopathic skeletal hyperostosis, spondylitis, autoimmune disease, and chronic fatigue, is being remanded due to the need for clarification of his medical records.,The Veteran's claim for periodic numbness of the lip and jaw (secondary to genioglossal advancement surgery) is being remanded as new opinions are needed regarding the nature and etiology of his condition.,The Veteran's claim for residuals of traumatic brain injury (TBI) is being remanded due to inextricability with the character of discharge issue.,The Veteran's claim for a deviated septum is being remanded due to inextricability with the character of discharge issue.,The Veteran's claim for TDIU is being remanded as it is inextricably intertwined with other claims.

The Veteran's petition to reopen the claim of service connection for headaches, secondary to his service-connected anxiety disorder NOS with features of PTSD, was granted. The appeal for service connection for asbestosis and petitions to reopen claims for tinnitus, squamous cell carcinoma of the right base of the tongue, and traumatic brain injury (TBI) were dismissed.

The Board dismissed the appeals regarding multiple service connection claims due to the appellant's withdrawal of his appeal.

The Veteran's migraines associated with TBI are granted a 30 percent rating, effective August 5, 2021. The left knee patellofemoral syndrome is granted a separate 10 percent rating for painful limitation of extension from July 26, 2021. Other issues and conditions remain unresolved.

The Veteran withdrew his appeals for service connection of Posttraumatic Stress Disorder, Stomach Condition, Traumatic Brain Injury, and Sleep Apnea. The claims were dismissed.

The Board has remanded the claims for a rating higher than 10 percent for right knee chondromalacia patella and entitlement to a rating higher than 10 percent for traumatic brain injury (TBI).

The Veteran's TBI, headaches, GERD, and right thumb arthritis are granted. The lower extremity radiculopathy claims are remanded for further examination.

The Board dismissed the appeals due to the death of the appellant.

The Veteran's acquired psychiatric disorder and residuals of head injury, to include headaches (claimed as TBI), are granted service connection. A new VA examination is needed for the claim of residuals of head injury.

The Board has remanded the case due to inadequate examination for PTSD and failure of duty to assist, requiring a new examination to address TBI and occupational impairment.

The Board has denied the Veteran's claims for service connection for cervical spine condition, acquired psychiatric disorder (to include PTSD, anxiety and depression), TBI, and headaches. The evidence does not establish a link between these conditions and service.,There is no medical evidence showing any in-service injury or disease related to these conditions.

The Board has remanded the Veteran's claims for service connection for residuals of bilateral frostbite and bilateral hearing loss due to new evidence received since the May 2010 rating decision. The Veteran is also entitled to a VA examination to determine if his upper extremities disabilities are related to service.

The Board dismissed all issues of service connection and evaluation for various conditions due to the Veteran's death.

The Veteran's claim for an effective date prior to April 6, 2010, for the grant of TDIU due to service-connected disabilities was denied as there is no evidence showing he was unemployable solely due to his service-connected conditions before that date.

The Veteran's claim for a higher rating for Morton's neuroma of the right foot has been denied as the current rating adequately reflects his disability.,A compensable rating is granted for the painful scar on the right hand, with no greater than 10 percent assigned.