Traumatic brain injury (TBI) decisions — 2021

The Veteran's claim for a 10 percent rating under 38 C.F.R. § 3.324 based on multiple noncompensable service-connected disabilities is denied as he has been assigned compensable ratings for his service-connected conditions.,The Veteran's TDIU and increased rating claims for posttraumatic headaches are remanded due to inadequate examination in the prior appeal, which did not distinguish between service-connected posttraumatic headaches and other potential causes of headaches.

The Veteran's initial evaluation for service-connected TBI was denied as it did not meet the criteria for an increased rating beyond 10 percent.

The Veteran's appeals for increased ratings for TBI, PTSD, and tension headaches have been dismissed due to the Veteran withdrawing his appeal prior to a decision being made.

The Veteran's TBI does not result in any compensable impairment, and therefore, the claim for a compensable initial rating is denied.

The Board has granted earlier effective dates for service connection of TBI, posttraumatic headaches as secondary to TBI, PTSD, bilateral hearing loss, and tinnitus. The Veteran's claims for back condition and hypertension are remanded due to procedural errors.

The Veteran's claims for increased ratings for TBI and diplopia with decompensated esotropia and esophoria are being remanded due to the failure of VA to substantially comply with previous remand directives regarding the association of Goldmann visual field charts. The Board will need to obtain clarification from a qualified examiner on whether the Veteran has diplopia, visual field defects, or other eye symptoms prior to June 26, 2015.

The Board has remanded the claim for further development due to insufficient discussion of certain medical records in a previous opinion.

The Board has remanded the Veteran's claims for service connection for a bilateral eye disability and traumatic brain injury (TBI) residuals due to incomplete records and the need for further medical examination.

The Board has denied an initial disability rating in excess of 70 percent for PTSD. The issues of service connection for obstructive sleep apnea, erectile dysfunction, and TBI have been remanded due to the need for additional medical opinions.

The Board has remanded the claims for service connection for Meniere's syndrome and TBI due to insufficient development of records related to an in-service assault. The Veteran was not provided with all requested Inspector General investigation records, which are necessary to determine if his disabilities were caused by such assaults.

The Veteran's TDIU was granted effective December 9, 2017, the date she stopped working full-time as a police officer due to her service-connected disabilities. The effective date for TDIU is being considered earlier based on her claim of unemployability.

The Board has ordered the remand of several issues due to inadequate medical opinions. The Veteran's claims for service connection and increased ratings remain under review.

The Veteran withdrew his appeals regarding the issues of initial increased ratings for bilateral hearing loss and service connection for a back disorder, a bilateral foot disorder (other than hallux valgus), and a TBI.

The Veteran's appeal for service connection of TBI and an increased rating for his thoracolumbar degenerative disc disease with left lower extremity weakness is remanded due to the need for additional medical opinions and records.

The Board has decided to remand the case due to insufficient evidence regarding the nature and etiology of the Veteran's claimed Traumatic Brain Injury (TBI). The Veteran is requested to provide any relevant private or VA treatment records, including updated VA records. A new medical opinion will be required from an appropriate examiner to determine if the TBI had its onset during service or is related to such service.

The Board has remanded the Veteran's claims for service connection for residuals of a TBI and headache disability due to inadequate medical opinion and incomplete record retrieval.

The Veteran's appeal is remanded due to the need for additional examinations and opinions regarding his service-connected conditions, including TBI, mental disorders, fibromyalgia/myofascial pain syndrome, and chronic fatigue syndrome. The issues of rating his TBI residuals, separate ratings for photophobia, speech impediment, and service connection for fibromyalgia/myofascial pain syndrome are inextricably intertwined with the main issue.

The Veteran's TBI-related disabilities, including seizures and mental health issues, are rated at separate levels. The rating for Traumatic Brain Injury is denied as the symptoms do not meet criteria for a higher rating. A separate 10 percent rating is granted for seizures associated with TBI, and a 50 percent rating is granted for mental health disability associated with TBI.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status due to his non-service-connected conditions.

The Board has determined that the Veteran does not have a current diagnosis for residuals of a head wound, including TBI and headaches. The Veteran's headaches are attributed to his service-connected chronic sinusitis. As such, the issue of service connection for these conditions is remanded.