Traumatic brain injury (TBI) decisions — 2023

The Veteran's frostbite of the right and left hands and feet have been rated at 10 percent prior to January 4, 2022, and at 20 percent since that date. The Veteran's bilateral eye disability has not resulted in a compensable evaluation.,The issues of service connection for uterine fibroids with painful menstruation, abdominal hysterectomy, and residual abdominal scar; miscarriage as secondary to these conditions; anemia as secondary to these conditions; and fibromyalgia have been remanded.

The Veteran's initial rating for COPD with asbestosis prior to June 23, 2014, is denied. The Board found the evidence did not support a rating in excess of 10 percent.,Service connection for TBI or residuals of TBI and dizziness or peripheral vestibular disorder are both denied.

The Board has determined that additional development is needed to obtain the Veteran's Vet Center records and to ensure that he provides information regarding his employment history for a TDIU claim. The appeal will be remanded to allow these actions.

The Veteran's PTSD rating was restored from 30 to 50 percent effective November 1, 2014.,The Veteran's headaches rating was restored from 0 to 30 percent effective November 1, 2014.

The Veteran's claims for increased ratings of various disabilities, including a right shoulder disability, bilateral pes planus, TBI, and other conditions were denied as the Veteran failed to appear at scheduled VA examinations.,Service connection claims for back disability, left foot disability, right elbow disability, and chest pain were also denied due to insufficient evidence linking these conditions to service.

Service connection for sleep apnea, diabetes mellitus, and tinnitus has been granted.,Service connection for residuals of traumatic brain injury (TBI) is denied.

The Veteran's PTSD is rated at 50 percent prior to January 3, 2019. Beginning January 3, 2019, the Veteran's PTSD and TBI are rated at 70 percent.

The Veteran's appeal is being remanded due to the need for additional audiogram results and updated VA examinations. The claims for increased ratings for bilateral hearing loss, tension headaches, and TBI are all being remanded.

The Veteran's TBI is granted with a 10 percent evaluation prior to December 16, 2021. An evaluation in excess of 10 percent for TBI from December 16, 2021, and an additional 50 percent evaluation for the acquired psychiatric disability (residual of TBI) are granted.

The Veteran's service-connected frostbite residuals and peripheral neuropathy have resulted in the loss of use of both feet, warranting SMC at the 'l' rate. The Veteran also has lost effective function of his hands due to these conditions, which warrants SMC at the 'm' rate.

The Board has remanded the Veteran's service connection claim for TBI due to inadequate previous medical opinions and a need for further development, including obtaining additional VA treatment records.

The Board has determined that additional development is needed for the Veteran's claims, including VA examinations and obtaining medical records. The issues of service connection for traumatic brain injury, peripheral neuropathy of the upper extremities, and effective dates are all remanded.

The Veteran's initial and compensable ratings for TBI are being remanded due to the need for clarification of residuals not already accounted for by separate ratings.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional VA examinations and consideration of recent treatment records.

The Board has remanded the Veteran's claims for service connection due to new evidence submitted. The appeals for increased ratings have been withdrawn.

The Veteran's claim for service connection for memory loss is denied as there is no separate and distinct condition found prior to January 10, 2022. From that date onward, the evidence does not support a finding of direct service connection.,The Veteran's TDIU claim prior to January 18, 2012 was denied because his combined disability rating did not meet the schedular requirements for TDIU.

The Board has remanded the Veteran's case for a VA examination to address his TBI disability and for development of outstanding medical records. The issues of increased rating for TBI with posttraumatic headaches and entitlement to TDIU are also being remanded.

The Board dismissed the appeals regarding service connection for traumatic brain injury and mild neurocognitive disorder due to the appellant's withdrawal of the appeal.

The Veteran's claim for residuals of TBI, including migraine headaches and PTSD is remanded due to the need for a VA examination.,The Veteran's claim for PTSD is also remanded as it involves a history of service-connected disabilities that may have aggravated his condition.

The Board has remanded the case due to non-compliance with previous remand directives and for obtaining outstanding treatment records from the Rochester Vet Center.