Traumatic brain injury (TBI) Board decisions

The Veteran's PTSD with TBI and headaches is rated at 70 percent since February 19, 2018. The appeal for a higher initial rating for the TBI prior to that date was denied.

The Veteran's bilateral hearing loss is currently assigned a noncompensable evaluation.,Service connection for the right knee disorder, left arm disorder, left ankle disorder, and right ankle disorder are all denied.,Service connection for diabetes, back disorder, shoulder disorder, TBI (head injury) with memory loss, neck disorder, hypertension (high blood pressure), cerebral vascular accident (CVA, strokes), headaches, and PTSD is also denied.,The Veteran's vision loss was not found to be related to service.

The Veteran's acquired psychiatric disorder, characterized as major depressive disorder, is granted service connection. The Board also remanded several issues related to secondary service connection for bilateral nerve damage condition of lower extremities, traumatic brain injury, bilateral nerve damage condition of hands, and bilateral hearing loss.

The Veteran's service-connected disabilities, including PTSD with TBI and lumbar strain, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU effective June 5, 2009.

The Board has granted the Veteran's claims of service connection for an acquired psychiatric disorder, intervertebral disc syndrome with degenerative arthritis, lumbosacral strain, traumatic brain injury (TBI), and left knee strain. The right shoulder disorder claim is denied.

The Veteran's claim for an effective date earlier than August 14, 2017 for the grant of service connection for TBI with PTSD is denied. The earliest possible effective date for his disability is August 14, 2017.

The Board has remanded the case for a new VA examination to determine if the Veteran's acquired psychiatric disorder is related to his active service. The issues of service connection for TBI and PTSD remain unresolved.

The Veteran's claim for a separate disability rating for cognitive, behavioral, and emotional residuals of TBI is denied as these symptoms are already encompassed in the current 100% disability rating assigned for his major neurocognitive disorder with major depressive disorder (previously diagnosed as anxiety disorder) due to TBI.,The Veteran's posttraumatic headaches have been granted a separate initial 10 percent disability rating, effective March 7, 2005.

The Veteran's claims for PTSD due to military sexual trauma and a psychiatric disorder other than PTSD are remanded as the VA examinations did not consider his in-service misconduct.,The Veteran's claim for TBI residuals is remanded as there was no determination of whether he had an in-service TBI, and tinnitus, headaches, and fatigue may be related to this condition.,The Veteran's claims for cervical spine disorder, lumbar spine disorder, left ankle disorder, right ankle disorder, left foot disorder, and right foot disorder are remanded as the VA examinations did not consider his reported in-service injuries.

The Veteran's GERD is granted a 10% rating, but no higher.,The Veteran's migraines are denied as not meeting the criteria for a compensable rating.,Service connection for chronic sinusitis is denied due to lack of evidence of current disability.,Service connection for TBI is granted.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected residuals of TBI.,Service connection for plantar fasciitis and left heel spur, as well as residuals of in-service TBI, are granted with an effective date of February 27, 2009.,The Veteran's appeals seeking earlier effective dates for these conditions remain denied.

The Board has remanded the Veteran's claims for service connection for Traumatic Brain Injury residuals, Parkinson's disease, and right ear hearing loss due to new evidence received after the last final rating decision. The TDIU claim is also remanded as it is intertwined with these other claims.

The Veteran's claim for service connection for an acquired psychiatric disorder, including anxiety disorder, is granted. The issue of service connection for residuals of frostbite is remanded and the Veteran must be afforded a VA examination to determine if his current condition is related to service.

The Board has found that a remand is necessary to ensure proper evaluation of the Veteran's service-connected PTSD with TBI, as the current VA opinion was inadequate and did not differentiate symptoms related to each condition.

Service connection for residuals of a traumatic brain injury (TBI) is denied.,Service connection for tinnitus is granted.

The Veteran's PTSD with TBI residuals is currently rated at 70 percent, and the Board finds that a higher rating is not warranted.,There is no separate compensable rating for PTSD with TBI as it is already covered under the current 70 percent rating.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining updated release forms for private treatment records and scheduling new VA examinations. Additionally, a medical opinion is required regarding the etiology of his psychiatric disorders.

The Veteran's claim for increased ratings for TBI and PTSD is remanded due to conflicting opinions in the record and testimony indicating worsening symptoms. A new VA examination is required to assess current severity and differentiate between TBI residuals and PTSD.

The Veteran's post-concussion headaches are rated at a 50 percent disability rating prior to February 21, 2020. The claim for a separate rating for service-connected TBI is denied.

The Veteran's migraine headaches are granted service connection and a disability rating in excess of 70 percent for major depressive disorder with TBI is remanded. The need for special monthly compensation based on the need for regular aid and attendance or housebound status is also remanded.