Traumatic brain injury (TBI) Board decisions

The Veteran's initial disability rating for peripheral neuropathy of the left lower extremity has been granted at a 40 percent level, effective from April 23, 2012. The other issues remain denied.

The Board denied service connection for various conditions, including residuals of traumatic brain injury, left shoulder osteoarthritis, bilateral ankle condition, nephrolithiasis (due to herbicide exposure), bilateral knee osteoarthritis, lumbar spine degenerative joint disease, BLE sciatica, hypertension, and diverticulosis. The Veteran did not have these conditions at the time of service or within one year after discharge.

The Veteran's appeals for various disability ratings have been dismissed due to his withdrawal of the appeal.

The Board has remanded the case due to the Veteran's failure to report for VA examinations and his unstable housing situation. The claims of service connection for TBI, PTSD, unspecified depressive disorder, and schizotypal personality disorder are being reviewed again as new medical opinions are needed.

The Veteran withdrew his appeals regarding erectile dysfunction, TBI, and trigger finger before the Board could make a decision.

The Board found that VA waived any objection to the timeliness of the filing of the Veteran's substantive appeal, and thus granted the appeal for all issues listed in the August 2016 rating decision.

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.