Traumatic brain injury (TBI) decisions — 2022

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations and medical opinions.

The Veteran's service-connected disabilities, including PTSD and TBI, have rendered him unable to secure or follow a substantially gainful occupation since September 28, 2021.

The Veteran's appeal regarding a traumatic brain injury and an anxiety disorder has been dismissed due to the withdrawal of the appeal by her authorized representative.

The Veteran and his caregiver L.V. contend that the Veteran needs assistance with activities of daily living due to multiple physical and mental health conditions, including a pilonidal cyst on his coccyx, auditory and visual hallucinations, and difficulty managing traumatic brain injury symptoms. The VA denied eligibility for PCAFC benefits based on the denial reason not meeting legal criteria set forth in 38 C.F.R. § 71.15-71.25.

The Board has denied the Veteran's claim for service connection for Traumatic Brain Injury (TBI) as there is no credible evidence of an in-service injury or disease that led to current TBI residuals. The Veteran's statements regarding a service-related TBI are not found to be credible, and his medical records do not support such a finding.

The Veteran's claims of increased ratings for traumatic brain injury, post-concussive headaches, and PTSD are being remanded due to the need for further development.

The Board denied the Veteran's claims of service connection for a sleep disorder and an initial compensable rating for TBI, finding that her symptoms were part of her existing service-connected conditions.

The Veteran has withdrawn his claims for service connection of seizure disorder, traumatic brain injury, atrial fibrillation, and low back disability. The remaining issues (headache disorder and dementia) are remanded due to the need for additional development.

The Board has ordered a remand to address the propriety of reducing the rating for TBI from 40 percent to 10 percent effective October 2, 2015. The AOJ must first determine if the reduction was in compliance with regulations and due process before readjudicating the claim for an increased rating.

The Veteran's combined disability rating is 60%, which does not meet the criteria for a TDIU. The case is being referred to the Director of Compensation Service for extraschedular consideration.

The Board has decided to remand the case due to inadequacies in the previous opinion and requires an addendum opinion regarding the etiology of the Veteran's claimed residuals of traumatic brain injuries, including intermittent explosive disorder and headaches.

The Veteran's appeals for service connection of his acquired psychiatric conditions and special monthly compensation based on aid and attendance/housebound have been withdrawn. The Board has granted service connection for residuals of traumatic brain injury with an initial evaluation of 40 percent effective January 16, 2017.

The Board denied the Veteran's claims for service connection for residuals of head injury (now claimed as traumatic brain injury) and an initial evaluation in excess of 50 percent for posttraumatic stress disorder. The evidence did not support a current diagnosis of TBI, and the Veteran's PTSD symptoms were found to be less than severe enough to warrant a higher rating.

The Board has remanded the case due to a duty-to-assist error, specifically regarding an inadequate VA examination during the period prior to October 23, 2008. The Veteran's TBI residuals need to be reassessed by an appropriate clinician.

The Veteran withdrew his appeal for increased ratings on multiple conditions, including bilateral hearing loss, migraine headaches, cervical degenerative disc disease, degenerative arthritis of the lumbar spine, and traumatic brain injury.

The Board has determined that additional development is needed to adjudicate the Veteran's claims, including obtaining VA and private treatment records, providing an addendum opinion regarding the onset of his psychiatric disorders, and considering all relevant evidence since the August 2022 Supplemental Statement of the Case.

The Board has remanded the case due to unclear medical opinions regarding the Veteran's psychiatric conditions and their relation to his service-connected TBI.

The Board denied service connection for a traumatic brain injury (TBI) as there is no current diagnosis of TBI or residuals associated with it, and the medical evidence does not support the claim.

The Board has granted service connection for residuals of a traumatic brain injury (TBI) and remanded the issues of service connection for an acquired psychiatric disability and erectile dysfunction.

The Board has dismissed the claims for service connection for Bell's Palsy and CVA, as well as residuals of a head injury/TBI. The Veteran withdrew her appeals for these issues during a hearing before the undersigned.