Traumatic brain injury (TBI) decisions — 2021

The Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for balance problems are remanded due to the need for a VA examination and medical opinion regarding the nature of his TBI residuals, causation, and whether he committed willful misconduct.

The Board has remanded the cases for further development and consideration, including obtaining a TBI examination with specific training in evaluating such claims. The Veteran's depressive disorder claim is also pending, but new evidence from private treatment records must be considered by the AOJ before it can be adjudicated.

The Veteran's TBI residuals are being remanded for further review due to the need to consider additional evidence of record.

The Board has remanded the Veteran's claims for service connection for TBI and Parkinson's disease due to insufficient development of evidence. The Veteran is seeking service connection for these conditions based on in-service exposure, but a VA examination is needed to determine if he has residuals from his military service that are related to his current symptoms.

The Veteran's claim for an earlier effective date for the grant of service connection for residuals of a traumatic brain injury is granted. The claim for an earlier effective date for the grant of service connection for erectile dysfunction and entitlement to SMC on account of loss of use of a creative organ is denied.,The Veteran's claim for an increased rating for service-connected residuals of TBI is remanded, as it was not addressed in the August 2021 rating decision regarding whether a separate rating under Diagnostic Code 8100 might be applicable.

The Board has remanded the claims for service connection due to new and material evidence having been received. The appeals are now pending further development.

The Board has remanded the claims for service connection for residuals of TBI and for an increased rating for hiatal hernia and GERD due to incomplete or insufficient medical opinions. The Veteran's reports of head injury during active duty are being considered, as well as the effects on his employment, daily activities, social life, and family life.

The Veteran's Migraine Headaches are rated at 50 percent from January 22, 2020 and granted. The compensable rating for Traumatic Brain Injury prior to January 22, 2020 is denied. The issue of TDIU has been raised.

The Veteran's claims for service connection for bilateral upper extremity neuropathy, bilateral hearing loss, an acquired psychiatric disorder (including PTSD and major depressive disorder), obstructive sleep apnea, a lumbar spine disorder, right lower extremity neuropathy, left lower extremity neuropathy, right knee disorder, and left knee disorder are all being remanded due to the need for additional medical opinions.,The Veteran has not been diagnosed with bilateral upper extremity neuropathy or any other condition related to his service. His claims for hearing loss, psychiatric disorders, sleep apnea, TBI, lumbar spine disorder, lower extremity conditions, and knee disorders are being remanded as well.

The Veteran's claim for left ear hearing loss has been reopened and is granted.,The Veteran's claim for PTSD has been reopened and is granted.,The Veteran's claim for a left arm disability, to include a left elbow disability, has been reopened and is granted.,The Veteran's claim for TBI has been reopened and is granted.,The Veteran's claim for sleep disorder has been reopened and is granted.

The Veteran's appeal includes requests for higher initial ratings for posttraumatic headaches, PTSD with alcohol abuse, and TBI. The Board has determined that new evidence was received within a year of the August 2014 rating decision, allowing these issues to remain pending. Additionally, the issue of entitlement to a total disability rating based on individual unemployability (TDIU) is raised due to the Veteran's service-connected disabilities and his claim for higher initial ratings. The Board has ordered remand for further examination and review of records.

The Board has remanded the case due to inextricably intertwined issues, including whether the overpayment debt was properly created and the issue of entitlement to a waiver of recovery of an overpayment of VA compensation benefits.

The Veteran's rating for TBI is denied as it does not meet the criteria for a higher than 70 percent rating. The service connection for a neck and upper back condition is remanded.

The Veteran's claim for a compensable rating for the residual scar, right forearm is granted. The claim for an increased rating in excess of 70 percent disabling for major depressive disorder with anxious distress to include TBI is denied. Service connection for sleep apnea is remanded.

The Board denied the Veteran's request for an earlier effective date prior to February 19, 2019, for a 70 percent disability rating for PTSD with residuals of TBI. The evidence did not show that it was factually ascertainable that the Veteran's symptoms worsened during this period.

The Veteran's service-connected TBI resulted in a mild impairment of memory, attention, concentration and/or executive functions resulting in mild functional impairment from October 31, 2012 to October 20, 2019. From October 21, 2019 to January 11, 2021, the Veteran's TBI residuals did not meet criteria for a higher rating.

The Veteran's PTSD with TBI and migraine headaches have been granted higher ratings, but the Board has found further development is needed for other issues.,The Veteran's hypertension and right shoulder disability are also being remanded for additional development.

The Board has reopened the claims for TBI residuals, acquired psychiatric disorder, cervical spine condition, lumbar spine condition with bilateral lower extremity numbness, right ankle condition, right heel condition, skin condition, and respiratory condition due to new and material evidence. These issues are remanded for further development.,The Board has also reopened the claims for these conditions but has not assigned a rating or effective date as the appeal is still in process.

The Veteran's residuals of TBI have been rated at a 40 percent disability rating from July 11, 2016 to February 9, 2021. This decision grants the requested increase in disability rating.

The Board has granted service connection for bilateral hearing loss, right ear cholesteatoma with mastoidectomy, and traumatic brain injury. The claims are based on direct evidence of in-service injury or disease.