Traumatic brain injury (TBI) decisions — 2021

The Board has reopened the Veteran's claim for service connection for concussion from blast and blow to head (claimed as TBI) due to new evidence received since the last final denial. The case is remanded for a VA examination to determine if the Veteran has a current cognitive disorder, claimed as a TBI, and whether it is related to his military service.

The Veteran's claim for residuals of hypothermia is denied as there are no credible in-service incidents or current symptoms related to service.,The Veteran's claims for an acquired psychiatric disorder (claimed as PTSD and depression), TBI residuals, migraine headaches, left shin disorder, and right shin disorder are remanded due to the need for further medical evaluation and opinion regarding their etiology.

The Veteran's neurocognitive disorder with unspecified anxiety disorder is rated at 70 percent, effective March 11, 2017. The rating for tension headaches prior to December 5, 2020 remains denied. A 50% rating is granted for migraine headaches from December 5, 2020. The residuals of closed head injury with occipital fracture are rated at 40 percent, effective October 23, 2008 to March 11, 2017. The post-concussive syndrome with anxiety and depression associated with peripheral vestibular disorder is rated at 30 percent, effective August 11, 2004 to March 11, 2017. The peripheral vestibular disorder is rated at 10 percent from December 5, 2020.

The Veteran's unspecified headaches have not been manifested by characteristic prostrating attacks averaging once every two months, and thus an initial compensable rating is denied.,Benign paroxysmal positional vertigo as a residual of TBI has been manifested by occasional dizziness since January 15, 2016, and a separate 10 percent disability rating is granted effective from that date.,The residuals of TBI, to include insomnia, have not been manifested by inappropriate social interactions most or all of the time, but are in equipoise as to whether they were frequently inappropriate social interactions. An initial 40 percent disability rating for these residuals is granted effective from January 15, 2016, to October 12, 2020.,The Veteran's insomnia has not been manifested by inappropriate social interactions most or all of the time, but are in equipoise as to whether they were frequently inappropriate social interactions. An initial 40 percent disability rating for these residuals is granted effective from January 15, 2016, to October 12, 2020.

The Board has decided to remand the service connection claim for TBI due to the need for further development and an opinion on the nexus between in-service injury and current TBI.

The Board has remanded the claims of service connection for a traumatic brain injury, an acquired psychiatric disorder, and a sleep disorder due to the Veteran's failure to report for scheduled VA examinations. The appeals are now pending again.

The Veteran's claims for increased ratings for TBI with headaches and dizziness, and PTSD are being remanded due to the need for new VA examinations to assess current severity of his disabilities.

The Veteran's claim for an earlier effective date for service connection for PTSD was denied as the intent to file a claim and the claim to reopen were filed after June 19, 2014.,TDIU is granted effective April 21, 2015. The Board found that the Veteran's service-connected disabilities preclude him from securing and following substantially gainful employment.

The Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to PTSD, was denied. The claims for increased evaluations for right knee patellofemoral syndrome and right knee instability were also denied. The claim for left shoulder dyskinesis was partially denied, with a 20 percent evaluation granted from October 13, 2020, but the issue of entitlement to an initial evaluation in excess of 20 percent remains pending. The Veteran's claim for TBI/post-concussion syndrome with insomnia was also denied.

The Board has granted service connection for frostbite with residual pain and arthritis of both the right and left upper extremities, finding that there is reasonable doubt in favor of the Veteran's claim.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's claimed traumatic brain injury. The VA examiner must provide an addendum opinion addressing the August 2010 TBI Signs and Symptoms Questionnaire.

The Veteran's claims for initial compensable rating prior to October 21, 2019, and in excess of 40 percent thereafter for service-connected TBI, and entitlement to a TDIU are being remanded due to the need for additional VA treatment records and clarification on the level of memory impairment caused by his service-connected TBI.

The Board has remanded the Veteran's claims for service connection for TBI and SMC based on need for regular aid and attendance due to ongoing issues with the adequacy of previous opinions and the inextricability of these matters.

The Veteran's appeal of the initial rating assigned for his service-connected scar is granted with a 10 percent rating, but no higher. The issues of entitlement to an initial rating in excess of 10 percent for TBI and special monthly compensation based on housebound status or the need of regular aid and attendance are remanded.

The Veteran's claim for a rating greater than 70 percent for PTSD with TBI, effective September 17, 2015, is remanded due to the need for a new VA examination and consideration of his reported worsening symptoms.

The Board has decided to remand the case due to the need for additional medical records and verification of a mortar attack during service. The Veteran's TBI claim will be evaluated again with these new pieces of information.

The Board has remanded the case due to the need for additional information from SSA regarding the Veteran's disability benefits. The Veteran does not have any private or VA treatment records and refuses to undergo a VA examination.

The Veteran's appeals have been dismissed due to his withdrawal of the appeal.

The Board has remanded the cases for additional VA examinations and opinions to determine if the Veteran's cervical spine condition, TBI, and tension and post-traumatic headaches are related to service. The claims will be readjudicated after these actions.

The Board denied the Veteran's claim for service connection for a sleep disorder, finding that there was no evidence to support a secondary relationship between his sleep apnea and his service-connected conditions or in-service exposures. The preponderance of the evidence did not support the claim.