Traumatic brain injury (TBI) decisions — 2022

The Board has granted service connection for right ear hearing loss. The remaining issues on appeal are remanded due to the need for additional development and medical opinions.

The Board has remanded the claims for service connection, increased ratings, and TDIU due to issues with credibility determinations regarding continuity of symptomatology since service and development of medical evidence.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence regarding the cause of his claimed conditions. The case will be returned to VA for further development, including obtaining military police records and conducting medical examinations.

The Veteran's appeal for a higher disability rating for headaches has been dismissed.,The Veteran's appeal for a higher disability rating for PTSD and TBI with vertigo is denied, as the criteria are not met.

The Veteran's claims for service connection for TBI residuals, post-concussive seizures, and tinnitus have been granted. The Veteran also received a grant of TDIU benefits from November 14, 2019, and SMC based on the statutory housebound rate.

The Board has granted service connection for residuals of a traumatic brain injury (TBI) with residual symptoms including headaches, finding that the Veteran suffered from a TBI during active service and continues to experience headaches as a result.

The Veteran's claim for an effective date of June 30, 1994 for service connection for Traumatic Brain Injury (TBI) is granted. The earliest possible effective date for TBI is the date of the Veteran's initial claim on that date.

The Board has remanded the issues of entitlement to increased ratings for low back and neck disabilities, but denied an earlier effective date for TMJD.

The Board has determined that further development is needed to address pre-decisional duty to assist errors in connection with the Veteran's claims for service connection for various disabilities, including headaches, TBI, shoulder disabilities, gastrointestinal issues, and fibromyalgia.

The Board has decided that the Veteran does not have a current diagnosis of TBI with residuals, and therefore service connection for this condition is denied. The right hip and foot disorders are remanded due to lack of examination.

The Veteran's TBI residuals have been shown to result in moderate impairment of memory and orientation, but no total impairment. The MDD with PTSD has resulted in occupational and social impairment with deficiencies in most areas.,A separate 70 percent rating for MDD with PTSD is granted.

The Board denied a separate compensable rating for TBI residuals, finding that the Veteran's symptoms were better addressed under his existing PTSD and PVD ratings. The VA examiner noted mild impairment in visual spatial orientation but did not assign a specific rating.

The Veteran's appeal is remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and readjudicating the claims.

The Veteran's claims for service connection for various peripheral neuropathies and carpal tunnel syndrome are being remanded due to the need for additional development. The claim for TBI residuals is also being remanded as new evidence has been received that may support a reopening of this previously denied claim.

The Veteran's claims for clothing allowances in 2015 were denied because the use of prescription creams and cane did not cause irreparable damage to his clothing, as determined by VA.

The Veteran's TBI with headaches has been rated, but the Board finds that he was not properly notified for a VA examination. The case is being remanded to schedule another examination.

The Board has determined that there has not been substantial compliance with the prior remand directives and thus, the claims are being remanded for further development.

The Veteran's TBI residuals are rated as noncompensable, and his PTSD with TBI is also rated as noncompensable. The Board finds that the symptoms attributed to the TBI are more likely due to his service-connected PTSD and migraines.

The Veteran's service-connected PTSD and TBI have prevented him from securing and maintaining substantially gainful employment, leading to a grant of TDIU.

The Veteran's claims for service connection and TDIU are being remanded due to the need for a VA examination regarding his character of discharge, as well as potential psychiatric issues that may have contributed to his misconduct.