Traumatic brain injury (TBI) decisions — 2021

The Board has granted service connection for obstructive sleep apnea but denied service connection for traumatic brain injury. The decision is mixed as some issues were granted and others not.

The Board denied an earlier effective date for the award of TDIU, finding that it was not factually ascertainable that the Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation prior to June 8, 2010.

The Veteran's appeal for increased ratings for various service-connected conditions was denied. The Board found that the evidence did not support a higher rating for any of the conditions, including right knee chondromalacia, left knee Palligrini-Stieda's disease with chondromalacia, seborrheic dermatitis, bilateral pes planus, right shoulder disability, left shoulder disability, right elbow disability, left elbow disability, bilateral hearing loss disability, residuals of traumatic brain injury (TBI), neck or cervical spine disability, and low back or thoracolumbar spine disability.

The Board has remanded the cases for further development, including obtaining private treatment records and scheduling a VA examination to assess the Veteran's PTSD and TBI residuals.

The Veteran's service records do not show any right shoulder, left shoulder, or right knee disabilities. The Board finds no current diagnoses of these conditions.,There is no evidence of a current acquired psychiatric disorder to include PTSD.

The Veteran's PTSD with neurocognitive disorder secondary to TBI is rated at 100 percent effective January 25, 2013. The issue of entitlement to a total disability evaluation due to individual unemployability (TDIU) as based on PTSD with neurocognitive disorder secondary to TBI is rendered moot by the grant of a total rating for this condition during the entire claim period.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, as he is currently employed by the United States Federal Government.

The Veteran's service-connected PTSD and TBI are being remanded for further evaluation as his symptoms have reportedly worsened.

The Veteran's bilateral hearing loss is rated as noncompensable, and his PTSD with TBI is rated at 70 percent. The Veteran was granted a separate 10 percent rating for headaches and dizziness.,PTSD with TBI does not meet the criteria for a higher than 70 percent rating due to occupational and social impairment with reduced reliability and productivity.

The Veteran's TBI was caused by a December 1991 motor vehicle accident (MVA) that occurred during his active duty service. The MVA resulted in the Veteran being found not guilty of willful misconduct and all charges were dismissed. However, the RO denied service connection for the TBI due to it being the result of the Veteran's own willful misconduct.

The Board has determined that additional evidence is needed to adjudicate the Veteran's claims for service connection, and thus remands these issues.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including increased ratings for various conditions and a TDIU determination. The VA is instructed to obtain SSA records and readjudicate these matters.

The Board has remanded the case due to an inadequate VA examination, requiring a new one with more comprehensive testing and opinion.

The Board has remanded the Veteran's claims for increased ratings for residuals of TBI and entitlement to TDIU due to insufficient development or evaluation.

The Board has found that additional development is necessary to ensure a complete record for the Veteran's claims, including obtaining VA Vet Center records and updating his VA treatment records. The issues of rating PTSD with depressive disorder and opioid use disorder in early, full remission, rating TBI residuals, rating asthma, and entitlement to TDIU are all being remanded.

The Board has granted service connection for traumatic brain injury, left knee disorder, and right knee disorder. Service connection was denied for thoracolumbar spine disorder and left shoulder disorder.

The Board denied the Veteran's claims for service connection for frostbite to his right hand, left hand, right foot, and left foot due to a lack of credible evidence showing an injury or disease in service related to these conditions.

The Board has granted an earlier effective date of January 1, 2011 for the award of a 100 percent evaluation for service-connected traumatic brain injury (TBI), posttraumatic stress disorder (PTSD) and dysthymia based on newly associated service treatment records that existed at the time of the March 2013 rating decision but were not previously considered.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's TBI is related to his active service. A VA examination will be scheduled to determine if the Veteran has a current diagnosis of TBI and whether it is at least as likely as not that the residuals of TBI are related to his service.

The Veteran's TBI and PTSD have been granted service connection.,An increased rating of 70 percent for PTSD has been granted, effective from the date of this decision.,Service connection for bilateral hearing loss is remanded due to inadequate examination report.,Service connection for left knee disability, right knee disability, and respiratory condition are remanded as no VA examination was provided.,Bruxism secondary to TBI is also remanded.,Right shoulder disability and low back disability ratings are remanded.