Traumatic brain injury (TBI) decisions — 2021

The Board has granted service connection for a Traumatic Brain Injury (TBI) and its residuals, finding that the evidence is at least in equipoise as to whether the Veteran suffered a TBI during his military service.

The Board has determined that the VA examinations for TBI, left knee disability, right hip disability, and left hip disability are inadequate. The Veteran's service treatment records indicate an intracranial injury without skull fracture and history of concussion. Therefore, a new examination is required to determine if the Veteran's current symptoms are related to his in-service head injury.

The Veteran's post traumatic headaches have been granted a 50 percent disability rating, effective from the date of the decision. The TBI and associated mental health conditions are remanded for further review.

The Veteran's claim for service connection for a TBI was denied as there is no evidence of a current diagnosis and the VA examiners concluded that his symptoms are not related to an in-service injury. ,Service connection for headaches, secondary to service-connected hypertension, was granted based on VA opinions indicating that the Veteran’s headaches are caused by his hypertension.

The Veteran's claims for service connection were denied as the effective dates are not earlier than June 30, 2016.,Claims for increased ratings for scars of the bilateral knees and left foot and metatarsal base fracture of the left foot with degenerative arthritis were also denied.

The Veteran's TBI residuals are rated at 40 percent from May 31, 2019 to September 24, 2020.,A higher rating for the TBI residuals is denied.

The appeal as to whether new and material evidence has been received to reopen the previously-denied claims for right knee DJD, rhinitis (claimed as sinus problems), skin disorder, bilateral hearing loss, high cholesterol, prostate condition, urinary incontinence, high blood pressure, and residuals of TBI is dismissed.,The appeal as to whether new and material evidence has been received to reopen the previously-denied claim for left knee DJD, headaches, sleep apnea, and ED is remanded.

The Veteran's service-connected migraines are currently rated at the highest possible schedular rating (50%) and her TBI is not entitled to a higher initial rating.

The Board has decided to remand the Veteran's claims for hypertension and TBI disability rating due to incomplete verification of service records and insufficient medical opinion regarding the impact of TBI on his symptoms.

The Board has denied the claim for service connection for Traumatic Brain Injury (TBI) as there is no current diagnosis of TBI and no evidence linking it to an in-service injury.

The Veteran's claims of increased evaluation for degenerative arthritis, compensation for bilateral hearing loss, and service connection for PTSD and traumatic brain injury are all remanded due to the need for additional medical examinations and records.

The Board granted an initial rating of 30 percent for headaches associated with traumatic brain injury and post-concussion syndrome, finding that the Veteran's symptoms met the criteria for such a rating.

The Board has reopened the Veteran's claim for service connection for memory loss due to a claimed in-service assault resulting in TBI, and remanded the issue for further development.

The Veteran's post-concussion headaches were granted a separate rating of 30 percent from December 12, 2011 to November 29, 2018.,From November 30, 2018, the Veteran's post-concussion headaches are rated at 50 percent.

The Board has denied service connection for TBI, and the issues of left arm/shoulder condition (claimed as pain-fatigue), left leg/hip condition, and optic neuritis have been remanded for further development.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional examinations. The right shoulder condition is related to a reported injury in service, while the head condition may be related to an injury during service.

The Board has remanded the claims of service connection for bilateral hearing loss, tinnitus, a bilateral knee disorder, a back disorder, and a traumatic brain injury (TBI) due to incomplete compliance with previous remand directives.,Specifically, the VA examinations did not consider the Veteran's documented complaints or diagnoses during the appeals period and relied on incorrect premises in reaching their medical opinions.

The Board has dismissed the claims for extraschedular ratings for service-connected residuals of frostbite in all four extremities as it lacks jurisdiction over these matters.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and records.

The Veteran's application to reopen his service connection claim for a heart disability was denied because the submitted evidence did not relate to previously unestablished facts necessary to substantiate the claim.,Service connection for a traumatic brain injury (TBI) is denied as there is no current diagnosis of TBI in the record.