Traumatic brain injury (TBI) Board decisions

The Veteran's tinnitus is currently rated as 10 percent disabling, effective September 12, 2012. The claim for an increased rating must be denied based on a lack of entitlement under the law.,The Veteran filed his claim of entitlement to service connection for headaches more than one year after his separation from active service and years following the first complaints and/or treatment for headaches. An effective date prior to August 24, 2017, is not warranted as the claim was received in August 24, 2017.,The Veteran's erectile dysfunction, anxiety and mood disorder, and TBI disabilities are currently rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran has not been afforded a VA examination to determine if he has an eye disability (macular holes) due to his military service. A remand is required to schedule such an examination.,The Veteran's PTSD claim remains pending as there is conflicting evidence of record regarding whether the Veteran currently has PTSD. A new VA examination is needed to clarify this issue.,The Veteran's right shoulder disability, bilateral knee disabilities, cervical strain, and left lower lumbar radiculopathy are rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran's lumbosacral DDD, right calcaneal spurring, and left lower lumbar radiculopathy disabilities have not been evaluated since April 2019. A new VA examination is needed to evaluate these conditions based on their current severity.,The Veteran's headaches are currently rated as 50 percent disabling under DC 8100. The claim for an evaluation in excess of 50 percent remains pending and a remand is required to schedule the Veteran for a VA examination to assess his functional impairments, if any.,The Veteran has not been afforded a VA examination to determine whether he should be granted earlier effective dates prior to August 24, 2017. A new VA examination is needed to evaluate these issues based on their current severity.,The Veteran's nonservice-connected pension claim remains pending as the remanded issues could significantly impact this decision.

The Veteran's injuries from the April 1980 motorcycle accident are found to have been incurred in the line of duty and not due to his own misconduct. The claim for service connection for residuals of traumatic brain injury is granted, while the TDIU issue remains pending.

The Board has remanded the Veteran's claims for additional development due to inconsistencies in medical opinions and need for further examination. The issues include rating TBI prior to June 21, 2016, PTSD with TBI since June 21, 2016, and TDIU prior to June 21, 2016.

The Veteran's right hip inflammatory arthritis is currently rated based on limitation of adduction with inability to cross legs, effective December 23, 2019. The Veteran does not meet the criteria for a higher or separate rating during the period on appeal.,The Veteran’s TBI remains remanded due to inadequate neuropsychiatric testing and incomplete disability benefits questionnaire.

The Board has remanded the Veteran's claims for service connection for erectile dysfunction as secondary to his service-connected disabilities, including medication, and for special monthly compensation based on a higher need for aid and attendance. The case is being returned to the VA for further examination and analysis.

The Veteran's claims for increased ratings for residuals of a TBI and headaches are being remanded due to inadequate examinations performed in prior years. A new examination is required, including neuropsychological testing and mental health evaluations.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current respiratory disability, hearing loss of the right ear, or right ankle disability. The Veteran also did not have a current acquired psychiatric disorder, left knee disability, right knee disability, tinnitus, right index finger metacarpal fracture, left ear hearing loss disability, positive tuberculosis skin test, hypertension, hemorrhoids, scars of the right knee, left ankle, and tailbone, or hidradenitis suppurativa. The Veteran's TBI claim was granted.

The Veteran's appeal for an effective date prior to July 13, 2016 for the award of service connection for residuals of TBI is remanded. The Veteran also has a claim for higher initial evaluations for his service-connected PTSD.,The Veteran seeks a higher initial evaluation for his service-connected residuals of TBI. His appeal for this issue is inextricably intertwined with his claim for an effective date prior to July 13, 2016 for the award of service connection for residuals of TBI as the appeal period must be determined.,The Veteran's appeal for higher staged initial evaluations for PTSD remains pending. A VA examination is required to determine whether the Veteran has memory loss and tension headaches that are part and parcel of his TBI or clinically distinct from his currently service-connected disabilities.

The Veteran's initial compensable rating for residuals of TBI from May 12, 2011 to December 16, 2016 was denied.,The Veteran's request for an increased rating for residuals of TBI with vestibulopathy from December 16, 2016 to December 18, 2019 and from December 18, 2019 to February 4, 2020 was denied.,The Veteran's request for an initial rating of 70 percent for PTSD from October 28, 2010 to February 4, 2020 was granted with a condition that the PTSD is evaluated in conjunction with his TBI.

The Veteran's claim for increased ratings and service connection was denied. The Board found that the Veteran did not meet criteria for a higher rating for his TBI, right nephrectomy, or migraines.

The Veteran's claims for service connection for Traumatic Brain Injury and Migraine Headaches were denied, with the effective date set at April 17, 2015.

The Board has determined that the Veteran does not have a current TBI, bilateral hearing loss, or tinnitus that is related to service. The evidence does not support a finding of service connection for these conditions.

The Veteran's lumbosacral strain, right knee, and left knee conditions are all determined to be secondary to her service-connected residuals of bilateral foot frostbite.,Service connection for the Veteran's lumbosacral strain, right knee, and left knee conditions as secondary to her service-connected residuals of bilateral foot frostbite is granted.

The Board has remanded the cases for further development due to insufficient evidence and need for additional examinations. The issues of TBI evaluation, PTSD rating, and left knee degenerative arthritis are all being reviewed.

The Board has remanded the claims of service connection for a lumbar spine disability and traumatic brain injury due to insufficient medical opinions. The dental claim is denied as there is no evidence of a compensable dental disability.

The Board has remanded the Veteran's claims due to the need for additional development, including obtaining medical records and conducting further examinations.

The Board has decided that the Veteran's sleep apnea may be related to his service-connected traumatic brain injury, but more evidence is needed to determine if this relationship exists.

The Veteran's left foot disability is not service-connected due to lack of a current diagnosis.,Service connection for an acquired psychiatric disability, including PTSD, major depressive disorder, anxiety disorder, affective disorder, and polysubstance dependence, is denied as there is no in-service event or injury related to these conditions.,Obstructive sleep apnea was not service-connected due to lack of a current diagnosis.,Residuals of traumatic brain injury were not service-connected due to lack of an in-service event.

The Board denied service connection for Traumatic Brain Injury (TBI) due to the lack of evidence showing a current disability related to an in-service injury.,Service connection was granted for Seizure Disorder, which is secondary to Major Depressive Disorder.

The Veteran's service connection claim for TBI was denied as he does not have a current diagnosis of a TBI.,His hearing loss is rated at 10 percent, and the Board found no evidence to support an increase in rating.