Traumatic brain injury (TBI) decisions — 2021

The Veteran's TBI has been rated as zero percent disabling throughout the appeal period. The Board found no compensable symptoms related to his TBI and denied a higher rating.

The Board has remanded the claims for service connection for traumatic brain injury, migraine, and sleep apnea due to incomplete VA treatment records from 2003-2004. The Veteran's claim for a compensable rating for residuals of fracture to right little finger remains denied.

The Veteran's claims for increased ratings and TDIU were denied. The Veteran was granted a 70% rating for adjustment disorder with PTSD before October 27, 2016, but not in excess of that rating on or after that date. A 40% rating was granted for the TBI effective September 27, 2017. The Veteran's claim for TDIU was also denied.

The Board has determined that the Veteran's current residuals of a traumatic brain injury are related to his in-service TBI event and grants service connection for these residuals.

The Board dismissed the Veteran's claim as the issue is no longer justiciable due to a determination of timeliness, and the Appellant must separately challenge this determination.

The Veteran's right jaw disability, RLE and LLE radiculopathy were granted service connection. The Veteran's TBI/head injury with acquired psychiatric disorder was denied. Ratings for RLE and LLE radiculopathy were granted at 40 percent.

The Board has remanded the case due to insufficient evidence regarding the in-service stressor event for PTSD. The Veteran's service records and additional verification are needed.

The Veteran withdrew his appeals regarding several service connection claims, leading to their dismissal.

The Veteran's seizures are not secondary to his service-connected TBI and the Board denied service connection for this condition. The rating for his TBI was increased from 0% to 40% effective August 16, 2017.

The Board has determined that the Veteran's claim to reopen his previously denied TBI service connection is remanded due to conflicting medical opinions and need for further development of records.

The Board has remanded several issues including service connection for headaches, hypertension, lower back disability, skin disability (tinea cruris), and TBI. Additional evidence was submitted since the last statement of the case but an SSOC was not issued as required.

The Veteran's claim for service connection for TBI was dismissed as the Veteran withdrew his appeal.,Service connection for tinnitus is granted, with the presumption that it began during service and has persisted since.

The Veteran has withdrawn his appeals for the issues of entitlement to an evaluation in excess of 50 percent for panic disorder and alcohol use disorder with TBI, entitlement to an evaluation in excess of 10 percent for GERD, entitlement to an evaluation in excess of 10 percent for right knee status post ACL repair and meniscal tear, and entitlement to a compensable evaluation for right knee surgical scar.

The Veteran's service-connected disabilities do not render him so helpless that he is in need of regular aid and attendance of another person or housebound status, thus his claim for special monthly compensation based on aid and attendance is denied.

The Board has granted an effective date of January 1, 2019 for the grant of TDIU based on the Veteran's service-connected disabilities. The decision is not about service connection but rather about the effective date of a previously granted TDIU.

The Board has granted the petitions to reopen claims for service connection for cold injury of the right and left lower extremities, but denied both claims due to lack of evidence linking current disabilities to in-service exposure.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is secondary to his service-connected TBI and PTSD.

The Board has remanded the Veteran's claims for service connection for lumbosacral strain and residuals of traumatic brain injury due to additional evidence added to the file by VA.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for a hernia repair, also claimed as a right testicle condition, and for left foot disability (residuals of frostbite).,Both issues have been remanded due to insufficient medical evidence to establish a clear link between the current conditions and service.

The Board has remanded several claims for additional development, including obtaining private treatment records and issuing a supplemental statement of the case (SSOC). The issues include ratings for various disabilities related to TBI, cervical spine, thoracolumbar spine, right shoulder, right knee, left carpal tunnel syndrome, right carpal tunnel syndrome, left thumb sprain, right thumb disability, left hip disability, right hip disability, eye disability, ulnar nerve paresthesias, ankle and wrist disabilities, nausea, constipation, and other conditions.