Traumatic brain injury (TBI) Board decisions

The Board has remanded several claims for increased ratings and service connection, including those related to the Veteran's bilateral shoulder, elbow, cervical spine, thoracolumbar spine, hip, knee, ankle disorders, sinusitis, TBI, tension headaches, PTSD, and TDIU.

The Veteran's TBI is currently rated as part of his PTSD disability rating. The Board has ordered remand to obtain additional VA and SSA records, particularly related to the Veteran's TBI, in order to determine if a separate compensable rating for TBI should be granted.

The Veteran's service-connected disabilities result in a total combined evaluation of 100 percent, qualifying him for SMC under 38 U.S.C. § 1114(s). However, the evidence does not support an increase to the higher rate due to need for regular aid and attendance.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, to include PTSD, and for a total disability rating based on individual unemployability due to service-connected disability (TDIU). The evidence did not support the Veteran's assertions that his current mental health symptoms were related to service or that he was unable to secure and follow substantially gainful employment.

The Board has determined that the April 2007 and January 2014 rating decisions are not final, and as such, these claims should be construed as original claims for service connection. The Veteran's right knee disorder, back disorder, and traumatic brain injury (TBI) claims are remanded due to a lack of consideration of relevant VA examination reports.

The Board has determined that the Veteran's claim for a compensable evaluation for residuals of TBI requires further examination and opinion to determine the severity and nature of his service-connected disabilities. The case is being remanded to obtain this information.

The Veteran's TBI prior to August 17, 2017 is rated at 10 percent. From August 17, 2017, the combined rating for PTSD and TBI is denied.,The Veteran’s migraine headaches are rated at 30 percent from May 27, 2015 to present. The effective dates for service connection of TBI and posttraumatic headaches have been denied.

The Veteran's left knee arthritis is granted service connection. The olfactory disability, pancreatic disability, and TBI residuals are denied as there is no medical evidence linking these conditions to his military service. Service connection for tooth erosion is also denied.

The Veteran's left knee arthritis is granted as service-connected.,Service connection for an olfactory disability is denied.,Service connection for a pancreatic disability is denied.,Service connection for residuals of a TBI is denied.,Service connection for tooth erosion is denied.

The Veteran's TBI and PTSD with dysthymic disorder are rated at a 10 percent disability level, effective September 3, 2010.

The Veteran's service-connected TBI residuals, PTSD, and chronic headaches render him unable to secure or maintain substantially gainful employment. His combined rating of 80% from December 2015 meets the threshold for a schedular TDIU.

The Veteran's appeal for service connection of traumatic brain injury is dismissed. The Veteran has been granted a 100% rating for his Meniere's disease, and the issue of TDIU has been rendered moot due to the grant of a higher rating for Meniere's disease. The case is remanded for an opinion on whether Major Depressive Disorder was aggravated by Meniere's Disease.

The Board has remanded several issues for further development, including service connection claims and evaluations for various conditions. The Veteran's TBI claim is denied due to lack of evidence of current disability related to the in-service injury. Service connection for left arm surgery scars remains denied as there are no residuals attributable to the in-service injury. Other claims have been remanded without assigning a specific disposition.

The Veteran's claims for service connection for right foot arthritis and pain, left foot arthritis and pain, vestibular disorder with vertigo, and traumatic brain injury (TBI) have been denied.,New and material evidence has not been received to reopen the Veteran's previously denied claims of entitlement to service connection for lower back injury, neck injury associated with lower back injury, and PTSD.

The Veteran's appeal is being remanded due to the need for additional evidence and examinations, as well as readjudication of his claims.

The claim for a rating greater than 40 percent for residuals of traumatic brain injury has been dismissed. The claims for service connection and compensation for bilateral hearing loss, muscle damage of the abdomen (stomach pain, stomach problems), cervical spine DDD, osteochondritis dissecans of the left foot, and dry-eye syndrome have been addressed.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, thus meeting the criteria for TDIU.

The Veteran's claims for service connection for gout, a low back disorder, and bilateral eye disorder (claimed as left eye glaucoma) have been denied. The Board found no evidence of current disabilities or in-service incurrence.,Service connection for frostbite of the ankles and feet has also been denied.

The Board has determined that additional development is necessary and the appeal is, therefore, REMANDED as directed below.

The Veteran's PTSD with TBI residuals is rated at 70 percent, effective August 26, 2011.,The Veteran was granted a total disability rating based on individual unemployability (TDIU) as of August 26, 2011.