Traumatic brain injury (TBI) decisions — 2021

The Veteran's appeal for a higher rating for migraines and an earlier effective date for the increased rating were denied. The case was also remanded to obtain additional medical opinions regarding his TBI, PTSD, and memory issues.,The Board found that the Veteran did not meet the criteria for an extraschedular rating in excess of 50 percent for migraines and denied his claim for an earlier effective date.

The Veteran's PTSD is granted with a rating of 50 percent, but not higher. The Veteran's TBI residuals are denied as they do not warrant an initial rating in excess of the currently assigned 10 percent.

The Veteran's service-connected disabilities, including his generalized anxiety disorder and frostbite residuals in both hands and feet, have rendered him unable to secure or follow a substantially gainful occupation throughout the period on appeal. The Board granted TDIU based on this finding.

The Board has determined that the Veteran's claims for service connection for a TBI and gastrointestinal disorder are not granted, but his claim for secondary service connection for dizziness due to bilateral hearing loss is remanded for further development.

The Veteran's headaches associated with TBI are granted an increased evaluation of 50 percent. The claim for entitlement to TDIU is also granted. The claims for service connection for right shoulder and left shoulder disabilities have been withdrawn.

The Board denied a higher rating for the Veteran's TBI, finding that his residuals manifested in no more than level 1 impairment and did not meet criteria for a higher rating.

The Veteran's TBI and PTSD were not shown to be causally or etiologically related to any disease, injury, or incident in service.,The Veteran is not shown to have had a bilateral hearing loss disability of such severity to constitute a disability for VA compensation purposes.

The Board has denied service connection for GERD, TBI, headaches, bilateral knee disability, back disability, left shoulder disability, and heart disability due to lack of evidence linking these conditions to service. The claims are remanded for further development.

The Veteran's claims for service connection for residuals of a TBI and sleep apnea are being remanded due to the need for additional medical examinations.

The Veteran's depression is being remanded for an addendum opinion to determine if it was caused by his service-connected disabilities, specifically the left clavicle and scapula dislocation or any combination of other service-connected conditions. The TDIU claim is also being remanded due to its inextricability with the secondary service connection issue.

The Veteran's initial and increased rating claims for TBI prior to November 25, 2016 were denied. The claim for an increased rating from November 25, 2016 was also denied.

The Veteran's bilateral hearing loss is not entitled to an effective date prior to April 28, 2016.,Service connection for hypertension was denied as there is no evidence of its onset in service or within one year of service.

The Board has dismissed the appeals for service connection of Traumatic Brain Injury and Central Auditory Processing Disorder due to the death of the appellant.

The Veteran's service connection claims for traumatic brain injury, back disability, bilateral ankle disability, vertigo (claimed as dizziness), and respiratory condition are all denied.,There is no current evidence of a TBI or any other claimed disabilities during the appeal period.

The Veteran's claims for service connection for migraines, bilateral hearing loss, and PTSD with TBI (PTSD) have been granted. The effective date for these grants is February 9, 2017. Additionally, the Veteran's claim of service connection for IBS has also been granted, but an earlier effective date was not awarded due to lack of evidence prior to February 9, 2017. The reduction in rating for sinusitis from 10% to zero percent effective June 23, 2021 is upheld.

The Board has granted service connection for lumbar strain on an aggravation basis and denied a higher initial disability rating for PTSD with residuals of TBI.

The Veteran's appeals for initial compensable ratings for bilateral hearing loss, a rating in excess of 20 percent for left knee degenerative joint disease, service connection for pinched nerves in the neck, and service connection for pinched nerves in the back have been dismissed.

The Board has remanded the Veteran's claims for increased ratings for PTSD, TBI, and Migraine Headaches due to new evidence received since the last SSOC.

The Board denied service connection for a lumbar spine disability and residuals of concussion or traumatic brain injury (TBI) due to lack of evidence linking these conditions to service.

The Veteran's TBI residuals are currently evaluated as 10 percent disabling. The Board has remanded the case for further development and rating consideration.