Traumatic brain injury (TBI) decisions — 2021

The Veteran's discharge from service was due to a service-connected disability, and the Board has granted him Chapter 33 educational assistance benefits at the maximum rate of 100 percent.

The Board has determined that the Veteran's claims for initial compensable ratings for post-traumatic headaches and traumatic brain injury should be remanded due to errors in obtaining relevant federal records, clarifying the nature of a community care neurological consult, and considering the ameliorating effects of medication.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the appellant's withdrawal of these claims.

The Veteran's claims for service connection have been granted. The acquired psychiatric disorder other than PTSD, traumatic brain injury residual condition, and memory loss are all found to be at least as likely as not caused by the Veteran's service-connected disabilities.

The Veteran's claim for a higher rating for major depressive disorder with insomnia disorder, bruxism and TBI was denied as his symptoms do not meet the criteria for a 70 percent rating.,Service connection for bilateral hearing loss disability was denied because there is no evidence of hearing loss within one year of separation from service.

The Board has granted a 40 percent rating for service-connected residuals of traumatic brain injury, but no higher. The August 2021 VA examination found the Veteran's TBI to manifest in three or more subjective symptoms that mildly interfere with work.

The Veteran's TBI residuals and headaches have been granted initial increased ratings, with the TBI rating at 70% prior to December 19, 2013 and headaches rated at 30%. The Veteran also received a grant of TDIU prior to this date.

The Veteran's TDIU claim is granted, and he is now rated at 100% for PTSD from September 26, 2019 to January 8, 2020.,Hypertension is service connected as a result of herbicide agent exposure in Vietnam.,Left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, and bilateral lower extremities peripheral neuropathy are all granted as service-connected due to herbicide agent exposure.,TBI residuals are also granted as service-connected.

The Board has remanded the claims for service connection for TBI, tinnitus, jaw condition, and ear condition due to inadequate examinations and duty to assist errors.

The Veteran's claim for a higher rating for traumatic brain injury (TBI) with mild memory loss, blurry vision and headaches is being remanded due to incomplete development of the record.

The Veteran's TBI with post-traumatic headaches is rated at 40 percent from July 29, 2010 to the present. The effective date for service connection of PTSD and left ear hearing loss remains June 11, 2015.

The Veteran's appeal is dismissed as he withdrew his claim for service connection for memory loss. The Board has remanded the remaining issues of service connection for peripheral neuropathy of the right and left upper extremities, headaches, and TBI due to incomplete records and need for new examinations.

The Veteran's TBI with residual headaches has been rated at 10 percent, and the Board denied a higher rating as his symptoms do not meet the criteria for a higher evaluation.

The Board has granted service connection for unspecified depressive disorder and alcohol use disorder, both secondary to PTSD. Service connection for residuals of a traumatic brain injury is denied.

The Board has found that new and relevant evidence has been received to reopen the claims of entitlement to service connection for bilateral hearing loss, a bilateral foot disorder including pes planus, sleep apnea, and traumatic brain injury. The issues are remanded due to the need for additional examinations and development.

The Board has remanded the SMC claim due to insufficient evidence regarding the Veteran's employment status and additional VA and private treatment records are needed. The appeal is now in remand status.

The Veteran's appeal for increased ratings on several service-connected disabilities is remanded due to the need for additional examinations and consideration of new evidence.

The Board has withdrawn the claims of service connection for urticaria and angioedema. The issues of service connection for lumbar spine disorder, cervical spine disorder, psychiatric disorder (depressive disorder/anxiety/PTSD), TBI (head injury), right ankle disorder, erectile dysfunction (ED), chronic pain syndrome, hypertension, digestive disorder, and sleep disorder have been remanded due to the submission of new and material evidence.

The Board has denied reopening of the claim for service connection for a back disability and granted a 30% rating for residuals of frostbite injury of the right foot. The claims for increased ratings for left ear hearing loss and residuals of frostbite injury of the left foot are remanded.

The Veteran's claims for service connection for frostbite of the hands, arthritis of the right hand, arthritis of bilateral feet, and memory loss have all been denied.,No new or material evidence was received to reopen any of these claims.