Traumatic brain injury (TBI) decisions — 2021

The Veteran's appeal for an effective date prior to July 13, 2016 for the award of service connection for residuals of TBI is remanded. The Veteran also has a claim for higher initial evaluations for his service-connected PTSD.,The Veteran seeks a higher initial evaluation for his service-connected residuals of TBI. His appeal for this issue is inextricably intertwined with his claim for an effective date prior to July 13, 2016 for the award of service connection for residuals of TBI as the appeal period must be determined.,The Veteran's appeal for higher staged initial evaluations for PTSD remains pending. A VA examination is required to determine whether the Veteran has memory loss and tension headaches that are part and parcel of his TBI or clinically distinct from his currently service-connected disabilities.

The Veteran's initial compensable rating for residuals of TBI from May 12, 2011 to December 16, 2016 was denied.,The Veteran's request for an increased rating for residuals of TBI with vestibulopathy from December 16, 2016 to December 18, 2019 and from December 18, 2019 to February 4, 2020 was denied.,The Veteran's request for an initial rating of 70 percent for PTSD from October 28, 2010 to February 4, 2020 was granted with a condition that the PTSD is evaluated in conjunction with his TBI.

The Veteran's claim for increased ratings and service connection was denied. The Board found that the Veteran did not meet criteria for a higher rating for his TBI, right nephrectomy, or migraines.

The Veteran's claims for service connection for Traumatic Brain Injury and Migraine Headaches were denied, with the effective date set at April 17, 2015.

The Board has determined that the Veteran does not have a current TBI, bilateral hearing loss, or tinnitus that is related to service. The evidence does not support a finding of service connection for these conditions.

The Veteran's lumbosacral strain, right knee, and left knee conditions are all determined to be secondary to her service-connected residuals of bilateral foot frostbite.,Service connection for the Veteran's lumbosacral strain, right knee, and left knee conditions as secondary to her service-connected residuals of bilateral foot frostbite is granted.

The Board has remanded the cases for further development due to insufficient evidence and need for additional examinations. The issues of TBI evaluation, PTSD rating, and left knee degenerative arthritis are all being reviewed.

The Board has remanded the claims of service connection for a lumbar spine disability and traumatic brain injury due to insufficient medical opinions. The dental claim is denied as there is no evidence of a compensable dental disability.

The Board has remanded the Veteran's claims due to the need for additional development, including obtaining medical records and conducting further examinations.

The Board has decided that the Veteran's sleep apnea may be related to his service-connected traumatic brain injury, but more evidence is needed to determine if this relationship exists.

The Veteran's left foot disability is not service-connected due to lack of a current diagnosis.,Service connection for an acquired psychiatric disability, including PTSD, major depressive disorder, anxiety disorder, affective disorder, and polysubstance dependence, is denied as there is no in-service event or injury related to these conditions.,Obstructive sleep apnea was not service-connected due to lack of a current diagnosis.,Residuals of traumatic brain injury were not service-connected due to lack of an in-service event.

The Board denied service connection for Traumatic Brain Injury (TBI) due to the lack of evidence showing a current disability related to an in-service injury.,Service connection was granted for Seizure Disorder, which is secondary to Major Depressive Disorder.

The Veteran's service connection claim for TBI was denied as he does not have a current diagnosis of a TBI.,His hearing loss is rated at 10 percent, and the Board found no evidence to support an increase in rating.

The Board has denied service connection for diabetes mellitus, bilateral eye disorder, and residuals of traumatic brain injury due to lack of evidence linking these conditions to the Veteran's military service. The claims are being remanded for further development.

The Board has remanded the cases due to new evidence that was submitted after a previous SSOC, and no response from the Veteran. The cases will be reconsidered by the RO.

The Board has determined that the Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment for the periods from January 14, 2008 to December 9, 2009, and from July 1, 2010 to October 30, 2011.

The Board denied the Veteran's claim for service connection for Traumatic Brain Injury (TBI) as there is no current diagnosis of TBI in the medical records, and the evidence does not support a finding that the Veteran incurred or aggravated a pre-existing condition during service.

The Veteran's service-connected acquired psychiatric disorder (bipolar I disorder and cyclothymic disorder) alone supports a total disability rating based on unemployability due to service-connected disability, combined with other disabilities rated at least 60 percent.

The Board has determined that the Veteran's claims for service connection are remanded due to inadequate medical opinions and duty-to-assist errors.

The Board has reopened the claim of service connection for TBI residuals, but denied the issue of whether new and material evidence has been received to reopen the previously denied claim of service connection for TBI. The case is remanded for a VA examination.