Traumatic brain injury (TBI) Board decisions

The Veteran's service-connected PTSD, right foot residuals of frostbite, and left foot residuals of frostbite rendered him unable to secure or follow a substantially gainful occupation prior to May 10, 2018. As such, the Board granted his claim for TDIU.

The Board has denied an initial rating in excess of 30 percent for PTSD and remanded the cases regarding service connection for right knee condition, residuals of TBI, and PTSD. The Veteran's PTSD symptoms have resulted in disturbances of motivation and mood but do not more closely approximate occupational and social impairment with deficiencies in most areas or an inability to establish or maintain effective relationships.

The Veteran's claims of service connection for obstructive sleep apnea, migraine headache disability, bilateral flatfoot (pes planus), and TBI have been granted. The Board found that the Veteran's current conditions are related to his service-connected PTSD.

The Board denied service connection for frostbite residuals, blackouts with loss of consciousness, right knee disorder, left ankle disorder, low back disorder, and headaches. The case is remanded for an updated examination of the Veteran's forehead scar.

The Veteran's TBI is rated at 70 percent disabling, and the Board denied an increased rating. The Veteran also meets criteria for a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board has remanded the Veteran's claim for a rating in excess of 10 percent for Traumatic Brain Injury (TBI) due to the need for additional examinations and consideration of new symptoms.

The Board has remanded several issues related to the Veteran's service connection claims, including TBI, low back disability, knee and shoulder disabilities, nerve damage of upper extremities, urticaria, allergic rhinitis, chronic diarrhea, and left ear hearing loss. The Veteran will need new examinations for these conditions.

The Veteran's claims for service connection for headaches and traumatic brain injury have been dismissed as they were granted in a December 2020 rating decision.,Service connection was denied for left hip, right ankle, and right foot conditions due to lack of current diagnoses.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU under 38 C.F.R. § 4.16(a) throughout the period on appeal, but his unemployability is due to his service-connected conditions and other factors. The case is remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's PTSD with depression and TBI with vertigo was found to not meet the criteria for a rating in excess of 70 percent prior to December 1, 2014. The claim for total disability due to individual unemployability prior to December 1, 2014 was dismissed.

The Board has determined that the Veteran's claims for service connection for PTSD and TBI with headaches should be remanded due to the need for additional medical examinations.

The Board has remanded the claims for service connection due to incomplete records from inpatient treatment at DeWitt Army Community Hospital and Walter Reed National Military Medical Center.

The Board has found that the Veteran's claim of entitlement to service connection for TBI is reopened based on new and material evidence. The matter is remanded to obtain private treatment records confirming a diagnosis of TBI.

The Veteran's cervical spine disability is granted a 20% rating, effective from the date of decision. The Veteran's TBI prior to September 23, 2008 and since that date are both rated at 10%. No new evidence or changes in service connection were presented.

The Veteran's claim for a higher award of special monthly compensation (SMC) based on the need for regular aid and attendance due to service-connected disabilities separate from his left leg amputation with loss of use of the left hand was denied. The Board found that none of his other service-connected disabilities, independent of his left leg amputation, require the regular need for aid and assistance.

The Board has remanded the case due to new evidence being associated with the record and a supplemental statement of the case not having been issued. The Veteran's TBI claim is still under review.

The Veteran's claims for service connection have been reopened, and the claim for sleep disorder (Nightmare Disorder) has been granted.,Other claims remain pending and are being remanded by the Board.

The Board has denied the Veteran's claims of service connection for residuals from a head injury, headache disorder, lumbar spine disorder, cervical spine disorder, bilateral shoulder disorder, and bilateral knee disorder. The evidence does not support finding that these conditions are related to service.

The Veteran's initial rating for scars of the left lower extremity is granted at a 10 percent level. The Veteran's left leg tibia fracture and traumatic brain injury claims are remanded due to need for additional development.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various conditions, including TBI, neck disability, back disability, Parkinson's Disease, and an acquired psychiatric disorder. The claims are being remanded to allow for further examination and opinion regarding the etiology of these conditions.