Traumatic brain injury (TBI) decisions — 2021

The Veteran's low back disorder, residuals of TBI, and headache disorder are granted service connection. However, the initial ratings for left femoral head avascular necrosis with proximal stress fracture left femoral shaft and right hip avascular necrosis remain remanded due to lack of updated VA medical records.

Your appeal for service connection for a traumatic brain injury has been dismissed because you withdrew your appeal.

The Board has dismissed the appeals of the Veteran's claims for initial compensable ratings for residuals of traumatic brain injury and migraine headaches as he opted into the modernized review system, thereby withdrawing his legacy appeal.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to proceed with the claims as they are no longer valid.

The Veteran's appeal was dismissed as the claimant withdrew their appeal for attorney fees based on a July 2021 rating decision that granted service connection for TBI and PTSD, combined with a 30% rating for PTSD.

The Veteran's headaches are rated at a maximum of 30 percent, but the Board has found that this rating is in equipoise with entitlement to such. The TBI issue and TDIU claim have been remanded for further development.

The Board granted a 40 percent rating for residuals of TBI with peripheral vestibular disorder, finding that the Veteran's disability picture more nearly approximates a '2' on the subjective symptoms facet.

The Board denied the Veteran's claims for service connection for a traumatic brain injury and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has determined that the Veteran's current residuals of frostbite to the bilateral feet are a result of his service in Germany, and thus grants service connection for these conditions.

The Board granted an effective date of October 27, 2009 for the grant of service connection for TBI with headaches and PTSD. The Veteran's earlier application included a claim for left orbital fracture disability, which reasonably encompassed his current claims. Effective from March 23, 2018, the Veteran is entitled to SMC based on need for aid and attendance due to loss of use of bilateral upper extremities.

The Board has remanded the claims for hallux valgus, TBI, acquired psychiatric disability (PTSD), fibromyalgia, musculoskeletal joint pain of wrist, shoulders, and neck, and sleep apnea due to incomplete records and need for further examination.

The Veteran's appeals have been withdrawn or dismissed. The Board has found that the Veteran's PTSD, urinary incontinence, and degenerative joint disease of the thoracolumbar spine meet the criteria for increased ratings but requires further development before these claims can be adjudicated.

The Board has determined that the Veteran's current sleep apnea is related to his service-connected PTSD, TBI, and headache disorders. The decision grants service connection for this condition.

The Board has remanded the claims for service connection for Traumatic Brain Injury and Left Ankle Condition due to insufficient evidence and need for further examination.

The Board has dismissed the claims for service connection for hypertension and traumatic brain injury due to the Veteran's death.

The Board has remanded the Veteran's claim for an initial compensable rating for residuals of a traumatic brain injury (TBI) due to inadequate compliance with previous remand directives and procedural issues.

The Board has found that there was a pre-decisional duty to assist error in the service connection claims for vertigo and residuals of a head injury/TBI. The Veteran should be afforded VA examinations to determine the nature and etiology of any current vertigo and head injury/TBI.

The Board has remanded the case due to a lack of service department Line of Duty (LOD) Determination and investigation records, which are necessary for making a fully informed decision on the Veteran's claim for service connection for TBI.

The Veteran's anxiety disorder/PTSD and TBI resulted in total occupational and social impairment since January 19, 2012. A 100 percent rating was granted for this condition.

The Board has remanded the case due to concerns about the severity of the Veteran's service-connected TBI and its residuals, as well as the need for additional VA treatment records.