Traumatic brain injury (TBI) decisions — 2021

The Veteran withdrew his claims for increased initial ratings for residuals of a right tibia stress fracture, TBI, and PTSD.

The Veteran's TBI with headaches prior to October 27, 2020 was manifested by no more than level 1 impairment of any cognitive function and the criteria for a higher rating were not met.

The Board has decided to remand the claim for service connection of Traumatic Brain Injury (TBI) due to insufficient discussion in the previous decision regarding possible evidence suggesting a TBI during service. The Veteran's symptoms, including agitation and hearing issues, are being evaluated further.

The Board has dismissed the appeals regarding the claims of entitlement to service connection for acute sinusitis, a gastrointestinal condition, and a traumatic brain injury, as well as the increased rating claims for cervical spine degenerative joint disease and migraines. The Veteran or his authorized representative requested to withdraw these appeals prior to the promulgation of a decision.

The Veteran's claims for service connection were denied previously, but he was granted a 100% evaluation for his service-connected conditions effective October 28, 2008. The Appellant seeks an earlier effective date, but the Board finds no legal basis to do so.

The Veteran's claim for an increased rating of 10 percent prior to December 11, 2019 and a 40 percent thereafter for residuals of a TBI is granted. The claim for service connection for an acquired psychiatric disability is denied.

The Board denied service connection for a traumatic brain injury (TBI) and related conditions, finding no current diagnosis of TBI based on the Veteran's inconsistent reports and findings from prior evaluations.

The Board has remanded the case due to insufficient information regarding the Veteran's employment status and the impact of his service-connected disabilities on his ability to work. The Veteran needs to provide updated information, and a VA examination is required to determine if he is unemployable due to his service-connected conditions.

The Veteran's claims for a higher rating for TBI with residual headaches, service connection for an acquired psychiatric disability secondary to TBI, and service connection for sleep apnea are being remanded due to the need for additional development.

The Veteran's TDIU claim is granted. The increased ratings for migraine headaches, cervical strain with degenerative joint and disc disease, herniated nucleus pulposus with degenerative joint and disc disease, and traumatic brain injury are denied.

The issue of service connection for a cervical spine disability is dismissed. The issues of service connection for residuals of frostbite of the hands and feet are denied.

The Board denied the Veteran's claim for service connection for a concussion and its residuals, finding no current diagnosis of TBI or related disabilities.

The Board denied service connection for TBI, dizziness, memory loss, and seizures as well as post-traumatic headaches due to the lack of a causal relationship between these conditions and the Veteran's in-service injuries or any other incident of service.

The Board dismissed the appeal for service connection of chronic fatigue. The Veteran's claim for an earlier effective date for a 30% rating for posttraumatic headaches was denied as there is no evidence showing entitlement to such prior to February 9, 2016. Service connection for sciatica of the right lower extremity on secondary basis to his service-connected lumbar spine disability was granted. However, service connection for sciatica of the left lower extremity was not granted due to lack of current diagnosis.

The Board has denied the Veteran's claims of service connection for a bilateral knee disability, alcohol poisoning, traumatic brain injury, and an acquired psychiatric disorder. The evidence does not support finding that any of these conditions began during service or are related to in-service events.

The Board has denied the Veteran's claim for an effective date prior to July 24, 2017, for the awards of service connection for bilateral lower and upper extremity frostbite, Raynaud’s syndrome, and PTSD. The appeal is based on a direct service connection theory.

The Veteran's claim for an initial compensable rating for residuals of a TBI and earlier effective dates for service connection have been remanded due to the need for additional evidence.,The Veteran's claims for increased ratings for PTSD and cervical strain with degenerative disc disease are also being remanded.

The Veteran's appeals for increased ratings and TDIU have been dismissed as he has withdrawn his appeal.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and bipolar disorder, has been reopened due to the submission of new evidence. The claim is granted.,Service connection for a TBI, brain disease (claimed as white matter disease), and chronic fatigue are denied.

The Veteran's claim for service connection for obstructive sleep apnea is granted. The heart disability issue is dismissed. Service connection for PTSD, vertigo, plantar fasciitis, TBI, left wrist, bilateral ankle, bilateral elbow, and bilateral hand disabilities are remanded.