Traumatic brain injury (TBI) decisions — 2021

The Board has decided to remand the case due to a duty to assist error and will need to determine if the Veteran's sleep disorders are related to service, including as residuals of his TBI.

The Board has remanded the claim for service connection for residuals of a traumatic brain injury (TBI) including headaches due to conflicting evidence regarding whether the Veteran engaged in combat during his deployment to Iraq. The case is being returned to the RO for further proceedings.

The Veteran is granted SMC based on aid and attendance from January 30, 2019 onward. The issue of entitlement to SMC based on aid and attendance or housebound benefits from July 12, 2011 to January 29, 2019 is remanded.,The Veteran's claim for SMC T (based on a higher level of SMC under subsection (t)) has been reasonably raised by the record. The issue of entitlement to SMC based on aid and attendance from July 12, 2011 to January 29, 2019 is remanded.,The earlier effective date for radiculopathy of the upper extremities prior to February 9, 2021 remains pending.

The Veteran's PTSD and TBI have been productive of occupational and social impairment with deficiencies in most areas, but symptoms productive of total occupational and social impairment have not been shown. A 70 percent rating is granted for the period prior to June 23, 2021.

The Veteran's TBI is currently rated at 10 percent, and the Board found no evidence of higher levels of impairment. The claim for a higher rating was denied.

The Board has remanded the Veteran's claims for service connection for various disabilities due to a lack of service treatment records and personnel records. The Veteran is advised to provide any additional information needed for the search.

The Board has determined that the Veteran's traumatic brain injury is related to his active duty service, resolving all reasonable doubt in favor of the Veteran.

The Board has granted service connection for residuals of a TBI, finding that the Veteran's current diagnosis is related to his in-service injury during basic training.

The Board has granted service connection for neurocognitive disorder unspecified as secondary to the Veteran's service-connected other specified trauma and stressor-related disorder, finding that it is at least as likely as not caused by his service-connected psychiatric disability.

The Veteran's appeals for service connection and ratings for various disabilities have been dismissed as the Veteran requested to withdraw his appeals.

The Board has dismissed all service connection claims for various conditions, including neck and back issues, peripheral neuropathies, and traumatic brain injury. The Veteran's death during the appeal process means that no further action can be taken on these claims.

The Veteran's appeal for service connection for a non-organic sleep disorder is dismissed.,Issues of service connection for allergic rhinitis, OSA, TBI, headaches, Meniere's disease, bilateral plantar fasciitis (to include as secondary to service-connected lumbar spine disability), and erectile dysfunction (to include as secondary to service-connected hypertension) are remanded.

The Board has remanded the Veteran's claims for service connection for right ankle and back disabilities due to insufficient evidence in the record regarding continuity of symptomatology since service.

The Veteran's claim to reopen the service connection for genital warts was denied. The Board found no new and material evidence, thus denying the reopening of this claim. Other claims were remanded due to insufficient treatment records.

The Veteran's TBI residuals with neurocognitive disorder and unspecified bipolar disorder are rated at 100 percent, the highest possible rating. The Board also granted an increased rating for his service-connected disabilities.

The Veteran's service connection claims for TBI residuals and recurrent headache disability are being remanded due to the need for a VA examination.

The Veteran's PTSD with TBI is rated at 70 percent, and the Board has decided to remand this case for further examination to determine if there are overlapping symptoms between PTSD and TBI.

The Veteran's claim for an earlier effective date for a 70% rating for Traumatic Brain Injury (TBI) has been denied. The effective date remains September 7, 2010.

The Board is remanding the case due to conflicting evidence regarding whether the Veteran has a TBI and its relationship to in-service incidents. A new VA examination is needed to reconcile this evidence.

The Board has denied service connection for bilateral hearing loss and remanded the issues of initial compensable ratings for PTSD/TBI and migraine headaches. The Veteran is to be scheduled for VA examinations to determine the current severity of his service-connected conditions.