Traumatic brain injury (TBI) decisions — 2022

The Veteran's left upper extremity peripheral neuropathy is granted as secondary to his service-connected disfigurement of the face. Effective dates for non-Hodgkin's lymphoma, anemia associated with non-Hodgkin's lymphoma, and infraclavicular scar are granted. The effective date for prostate cancer and erectile dysfunction is denied.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for an acquired psychiatric disorder, to include PTSD, depression and anxiety, was denied as the evidence did not show that VA treatment caused his condition.,The Veteran's claims for compensation under 38 U.S.C. § 1151 for TBI, gastrointestinal disability (IBS), right shoulder disability, left shoulder disability, bilateral lower extremity disability, bilateral upper extremity disability, and back disability are all REMANDED due to the need for additional medical opinions.

The Veteran's service-connected PTSD with TBI rendered him unable to secure or follow substantially gainful employment from the onset of the appellate period, and a total disability rating based on individual unemployability (TDIU) is granted effective November 9, 2011.

The Veteran's claims for service connection for a nerve disorder and an increased rating for the left hip disability are dismissed due to withdrawal. The claim of service connection for TBI is denied as there is no evidence of a diagnosed condition. Service connection for shoulder and wrist disorders is also denied.,The Veteran's claim for an increased rating for his left hip disability is dismissed due to withdrawal. His claim for service connection for TBI remains pending, but the Board finds that he does not have a current diagnosis of TBI. The claims for service connection for shoulder and wrist disorders are also denied.,The Veteran's claim for service connection for erectile dysfunction is remanded as there is insufficient evidence on file to determine its etiology.

The Board dismissed the appeals for service connection of myopia and TBI. The low back condition claim was reopened, but the appeal remains pending as it is being remanded. The PTSD rating was restored to 70%.

The Board has remanded several issues related to the Veteran's service connection claims, including for left ankle arthritis, sleep apnea, right and left knee disabilities, left hip arthritis, lumbar spine disabilities, and PTSD with TBI.,No effective date was assigned as all claims were remanded.

The Veteran's TBI and associated conditions, including depressive disorder, psychotic disorder, and cognitive disorder, are rated at 100% for the period prior to February 28, 2020. A separate rating of 50% is granted for migraines associated with TBI.

The Board has remanded the cases due to the need for additional development, including obtaining medical opinions and scheduling VA examinations.

The Veteran's psychiatric disability, including major depressive disorder and traumatic brain injury with light sensitivity, was granted a 100% rating effective September 8, 2020. The decision is based on the merits of the claim rather than any service connection theory.

The Veteran's TBI residuals are not manifested by any facet equating to or higher than a level '3' under the Table of Facet of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified. The Veteran is currently rated at 40 percent for his TBI, which is the maximum rating available under Diagnostic Code 8045.

The Veteran's claim for service connection for a left foot disorder, claimed as frostbite and nerve damage due to cold exposure in service, is being remanded for further examination and opinion.

The Board has remanded the Veteran's claims for service connection for TBI and an initial compensable rating for left lung pneumothorax due to incomplete medical records and need for updated examinations.

The Veteran's claims for service connection for plantar fasciitis and basal cell carcinoma are remanded due to incomplete medical records. The left knee condition claim is also remanded for a new examination.,The Veteran's claim for increased rating of his left knee condition is remanded for further clarification on flare-ups and range of motion during such periods.,The Veteran's claims for service connection for TBI, spindle cell tumor, headaches, and an acquired psychiatric disorder are all remanded due to incomplete medical records and the need for additional opinions regarding the nature and etiology of these conditions.,The Veteran's claim for service connection for basal cell carcinoma is remanded for a new opinion from a VA examiner or oncologist to determine if there is a relationship between his condition and military service, including exposure to PACT Act/Agent Orange/Camp Lejeune.,The Veteran's claim for service connection for residuals of spindle cell tumor of left nasal cavity is remanded due to incomplete medical records. The need for additional opinions regarding the nature and etiology of these conditions remains.

The Board denied the Veteran's claims for effective dates prior to January 27, 2020 for service connection of residuals of traumatic brain injury with vertigo, tinnitus as residual of TBI, bilateral hearing loss, and migraine headaches. The evidence did not support a claim filed before January 27, 2020.

The Veteran withdrew their appeal for restoring separate disability ratings for PTSD, TBI, and vertigo before the Board made a decision.

The Board has remanded the claims for service connection for TBI, PTSD, asbestosis, acquired respiratory conditions, and pleural plaques. The Veteran's claim for a higher rating for his acquired respiratory conditions is also being remanded.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, headaches, sleep apnea, and TBI as there is no current disability or evidence of in-service incurrence or aggravation.

The Board denied service connection for lower back disorder, sinusitis, rhinitis, hepatitis C, and traumatic brain injury as there was no evidence of a current disability or causal relationship to service.

The Veteran's claims for effective dates prior to February 14, 2011 are remanded due to the need to locate missing records and determine when the claims were filed.,The Veteran's claims for effective dates prior to August 31, 2012 and June 18, 2013 are also remanded.

The Veteran was granted TDIU from February 1, 2014 to December 31, 2016. However, the Board denied TDIU for the period January 1, 2017 to May 16, 2018.