Traumatic brain injury (TBI) decisions — 2021

The Board denied the Veteran's claim for service connection of a traumatic brain injury, finding that there was no clear and unmistakable evidence showing preexistence or aggravation during service.

The Veteran's left knee disability is granted, and his right knee disability remains at a 10% rating. The TBI residuals are rated as headaches and tinnitus, with separate ratings. PTSD with major depressive disorder is granted to a 50% rating prior to July 23, 2009, but denied for higher ratings thereafter.

The Board has denied the Veteran's claims for service connection for left eye vision impairment and traumatic brain injury due to a lack of evidence showing an in-service event, injury, or disease resulting in these conditions. The case is being remanded for further development.

The Board has remanded the case due to insufficient evidence and requests for additional VA examinations. The appellant's claim for a higher disability rating for TBI residuals is pending.

The Veteran's appeals for service connection on six issues have been dismissed as the Veteran has withdrawn his appeals in a completed VA Appeals Satisfaction Notice.

The Board denied the Veteran's claims for service connection for various conditions, including left shoulder disability, sleep apnea, residuals of traumatic brain injury, tuberculosis, COPD, and bilateral hearing loss. The decision also denied a higher rating for PTSD prior to April 28, 2016, and an effective date earlier than April 28, 2016 for the grant of TDIU.

The Board has remanded the Veteran's claims for further development and consideration, including obtaining an opinion regarding whether his sleep apnea is secondary to his service-connected sarcoidosis, as well as addressing the conflicting evidence of arthritis in both feet versus no arthritis found on recent x-rays. The issues include entitlement to service connection for various conditions such as sleep apnea, foot disabilities, TBI residuals, headaches, PTSD, and increased ratings for sarcoidosis and back disability.

The Board has remanded the claims of service connection for TBI and brain tumor due to insufficient analysis regarding whether these conditions were incurred in service. The Veteran's active duty service is alleged to have included exposure to a rocket strike that caused him to lose consciousness, which may be indicative of a TBI. The VA must conduct an examination and provide an opinion on the relationship between the claimed conditions and service.

The Veteran's meningitis and related symptoms are not service-connected, as the Board found that VA did not cause or contribute to his additional disability.

The Board has remanded the issues of service connection for low back, cervical spine, and left knee disabilities due to in-service motor vehicle accident (MVA). The Veteran's claims are referred for further examination and opinion regarding the etiology of her current disabilities.

The Board has granted an initial rating of 50 percent for the Veteran's migraine headaches associated with a traumatic brain injury, finding that these headaches are productive of severe economic inadaptability.

The Veteran is granted TDIU based on service-connected disabilities of major depressive disorder with traumatic brain injury and migraine including migraine variants associated with major depressive disorder, which are considered as one disability. The Veteran is also granted SMC due to statutory housebound status.

The Veteran's service connection for TBI residuals is granted, and she is awarded total disability rating based on individual unemployability from September 13, 2020. SMC under 38 U.S.C. § 1114(s) is also granted for her left arm neuropathy and post-herpetic neuralgia.

The Veteran's original service connection claims were received by VA on November 25, 2015. The awards for TBI, REM sleep behavior dysfunction with somnambulism, and post-traumatic headaches are established from that date.

The Veteran's claims for bilateral hearing loss, TBI, and headaches have been denied. The Board has found no evidence of a current disability in these conditions.,For the right and left knee disabilities, the Veteran is being asked to provide additional medical evidence linking his current symptoms to service.

The Veteran's appeal for an initial rating in excess of 10 percent for headaches, residual of traumatic brain injury (TBI), is denied. The preponderance of evidence does not support the presence of incapacitating episodes due to headaches.

The Veteran's claim for a rating in excess of 70 percent for PTSD is granted, and his claim for service connection for TBI is also granted. The claims for increased ratings for migraine headaches and erectile dysfunction are remanded.

The Veteran's claim for service connection for PTSD has been reopened, and the Board is remanding all other issues on appeal.

The Veteran's left shoulder disability is rated at 20 percent, which is the maximum schedular rating for impingement syndrome. The Veteran's eczema has been rated at 60 percent since June 22, 2016. Migraine headaches are currently rated at 50 percent effective April 1, 2009 and TBI is rated at 50 percent effective December 3, 2019.

The Veteran's TBI residuals are rated at 30 percent, and he is granted a total disability rating based on individual unemployability due to his service-connected disabilities.