Traumatic brain injury (TBI) Board decisions

The Veteran's left and right thumb scars, as well as his TBI residuals, have been granted a disability rating of 10 percent each. The appeal for increased ratings is denied.

The Veteran's bilateral hearing loss has been rated as noncompensable, and the Board finds that this rating is correct.,The Veteran's PTSD with TBI was previously rated at 50 percent prior to December 9, 2013, and at 70 percent thereafter. The RO must address whether a higher rating is warranted for the period from December 9, 2013, to present, excluding periods of temporary total ratings.,The Veteran's left foot pes planus was previously rated as noncompensable prior to May 18, 2018. The RO must address whether a higher rating is warranted for the period from May 18, 2018, to present.

The Board denied service connection for residuals of frostbite of the feet, finding that there is no current disability and no causal relationship to service.

The Board has decided to remand the case due to insufficient reasoning regarding a separate disability rating for cognitive impairment and/or emotion or behavioral dysfunction resulting from TBI, in addition to the staged ratings already assigned for PTSD. The Veteran's claim is now being sent back for further development.

The Board has remanded the issues of service connection for an acquired psychiatric disorder, including PTSD, a delusional disorder or alcohol use disorder; traumatic brain injury (TBI) residuals; neck disorder and lower back disorder due to unresolved medical evidence.

The Veteran's PTSD, chronic with alcohol abuse, and TBI have been rated at 50% prior to September 26, 2015, and at 70% on and after that date. The appeal is denied as the criteria for a higher rating are not met.

The Board has granted service connection for bilateral pes planus and a traumatic brain injury. The issues of service connection for an acquired psychological disorder other than PTSD, hypertension, and a disability manifesting in dizziness and loss of balance are remanded.

The Veteran's service-connected post traumatic headaches, residual of traumatic brain injury, are rated at 50 percent effective April 16, 2014. The Board finds that the disability picture has remained consistent throughout the appeal period and grants a 50 percent rating.

The Veteran's thoracolumbar spine disorder is currently rated as 20 percent disabled, but the evidence does not support a higher rating due to lack of forward flexion limited to 30 degrees or less during flare-ups or repetitive use. The left and right knee disorders are both rated at 10 percent.,The Veteran's TBI, CFS, neuropathy of the upper extremities, and neuropathy of the lower extremity have not been service-connected.

The Board has remanded the case due to errors in evaluating the Veteran's service-connected disabilities and their impact on his ability to work. The Veteran needs a new VA examination to assess the severity of his frostbite residuals and peripheral neuropathy, as well as any other conditions he may have.

The Board has remanded the case for further development and consideration, including obtaining additional medical records and providing an addendum opinion regarding the cause of death.

The Board has remanded the claims of entitlement to an evaluation in excess of 30 percent for acquired psychiatric disorder to include PTSD and entitlement to an initial compensable evaluation for TBI due to the Veteran's failure to report for scheduled VA examinations. The Veteran is advised that failing to report may result in denial of his claim.

The Veteran's bilateral trochanteric bursitis is granted as secondary to her service-connected fibromyalgia. The Board finds the determination of the August 2017 examiner concerning the relationship between the Veteran’s bilateral trochanteric bursitis and fibromyalgia to be especially probative.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Board has denied service connection for PTSD and TBI as the evidence does not support a finding of in-service injury or disease. The Veteran's claims were also denied for increased ratings for left shoulder scars, rotator cuff disability prior to November 14, 2011, and from July 1, 2013, to December 6, 2013.

The Board denied claims for service connection for various conditions, including alcohol dependence and its secondary effects on other conditions, finding that the evidence did not support a link between these conditions and service.

The Board has granted service connection for a Traumatic Brain Injury (TBI) due to heat injury sustained during active duty service, finding that the evidence is in equipoise as to whether the Veteran has this disability and granting it based on reasonable doubt.

The Veteran's request to reopen his previously denied claim for service connection for a head injury was granted. His claims for increased ratings for right shoulder and left hip disabilities, as well as his TDIU claim, are remanded.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection, including obtaining treatment records and providing examinations.

The Veteran's TBI is rated at 40 percent since March 10, 2020. The appeal for a higher rating or TDIU remains pending.