Traumatic brain injury (TBI) decisions — 2020

The Board has dismissed the Veteran's claims for service connection of TBI, low back condition, and neck condition due to his withdrawal of these claims during a hearing.

The Board denied the Veteran's claims for an initial rating in excess of 20 percent for cold injury residuals of both hands, finding that the evidence did not meet the criteria for a higher rating under Diagnostic Code 7122.

The Board denied service connection for various conditions, including TBI residuals, right and left arm disorders, right and left foot disorders, a left sciatic nerve disorder, low back arthritis, and GERD. The reasons given were that there was no evidence of these conditions during or immediately after service, and the current diagnoses did not meet the criteria for service connection.

The Board has remanded the case for further development and re-adjudication, including a TBI protocol examination to determine if the Veteran's current symptoms are residuals of a blast injury in service.

The Board has decided to remand the claims for TBI, acquired psychiatric disorder (including PTSD and depression), and headache disorder due to incomplete service records and inadequate examination opinions. The Veteran's claims will be reviewed again with additional development.

The Board denied service connection for a TBI, respiratory disorder and alcohol abuse.,There is no evidence of current residuals from the claimed TBI during service.

The Board has remanded the case due to incomplete service treatment records and the need for a VA examination to determine the nature and etiology of the Veteran's acquired psychiatric disorders, including whether they are related to his military service.

The Board denied the Veteran's claims for service connection for bilateral foot fungus/skin disability and traumatic brain injury (TBI). The decision found that there was no evidence of a disease or injury involving these conditions during service, and the current diagnoses were not related to service.,The Veteran's claim for TBI is also denied as there is insufficient evidence to determine if he experienced a head injury in service.

The Board has granted the Veteran's petition to reopen her claim of service connection for a gastrointestinal disability. The claims of service connection for an acquired psychiatric disorder, traumatic brain injury, lumbar spine disability, left hip disability, and sleep disorder (sleep apnea) are remanded.

The Board denied a compensable rating for the Veteran's TBI, finding that his subjective symptoms of memory loss are not related to his service-connected TBI.

The Board has remanded the case due to incomplete service records and the need for a VA examination regarding the appellant's mental state leading up to his discharge from service. The examiner will assess whether the appellant was insane at the time of certain offenses, including those related to seizures and traumatic brain injury.

The Veteran's acquired psychiatric disorder, including anxiety, TBI, and PTSD, resulted in occupational and social impairment with deficiencies such as near continuous panic affecting the ability to function independently. The VA granted a 70 percent rating for this condition from June 28, 2013.

The Board denied the Veteran's claims for service connection for a traumatic brain injury, vertigo as secondary to TBI, and headaches as secondary to TBI due to lack of current diagnosis of a TBI.

The Veteran's initial 50 percent evaluation for migraine headaches is granted, and the TDIU claim remains pending.

The Board denied the Veteran's claim for TDIU prior to October 27, 2019 as his service-connected disabilities did not preclude him from securing or following a substantially gainful occupation.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining gainful employment, so he is not entitled to a total disability rating based on individual unemployability (TDIU).

The Board has decided to remand the case for a new examination and further development due to inadequate previous examinations, including those from the VA and private sources. The Veteran's TBI symptoms are being evaluated in conjunction with his PTSD.

The Board has determined that the Veteran's TBI is related to his in-service head injury, and service connection for this condition is granted.

The Veteran's service-connected conditions do not render him in need of regular aid and attendance or permanently bedridden, thus he is denied special monthly compensation based on housebound status or permanent need for regular aid and attendance.

The Veteran's PTSD warrants a rating of 70 percent throughout the entire period of the claim. The Board has also remanded for an increased disability rating for TBI.