Traumatic brain injury (TBI) decisions — 2022

The Veteran's PTSD with TBI has been granted a 100% rating since February 22, 2018. The Board found that the symptoms of both conditions have caused total occupational and social impairment.

The Veteran's entitlement to a TDIU and basic eligibility for DEA was discontinued from August 5, 2008. The Board has remanded the case due to issues related to the investigation of possible fraud involving disability compensation benefits.

The Veteran's headaches, status post TBI, are now rated at 50 percent effective October 14, 2020. The restoration of the 30 percent rating for his headaches is granted.

The Veteran's right little finger strain is granted a noncompensable disability rating.,Service connection for the back disability is granted, with no specific assigned disability rating or effective date provided.

The Veteran's service connection claims for memory loss, heart condition, TBI residuals, and various nerve conditions have been granted. The remaining issues of service connection for upper extremity nerves and peripheral neuropathy are remanded.

The Veteran's PTSD is currently rated at 50 percent, but the Board has remanded both his PTSD and seizure disorder associated with traumatic brain injury for further development. The TDIU claim was denied.

The Board has remanded the cases for further development and examination due to incomplete service records regarding dates of Active Duty Reserve (ACDUTRA) and Inactive Duty Reserve (INACDUTRA).

The Veteran's bilateral shoulder disorder is granted service connection as it relates to her job in the Air Force. The Veteran's TBI claim is denied due to lack of current diagnosis and no evidence linking it to service. Service connection for neck pain is remanded.

The Veteran's TBI residuals were rated at level 2 from August 28, 2015 to November 15, 2020.,From January 20, 2016 to November 15, 2020, the Veteran's OSA required a CPAP machine.

The appellant's pre-existing brain injury was aggravated by military service, and his misconduct during service is not considered due to intentional wrongdoing. His appeal for VA benefits is granted.

The Veteran's claim for an effective date earlier than March 27, 2014 for service connection of residuals of a TBI was denied. The appeal for an initial rating in excess of 10 percent for residuals of a TBI is also denied.

The Veteran's claims for special monthly compensation based on aid and attendance and service connection for bilateral hearing loss are being remanded due to the need for additional development, including VA examinations.

The Veteran's appeal involves multiple issues related to his service-connected TBI and acquired psychiatric diagnoses. The Board has determined that remand is necessary for further development, including obtaining an opinion from a clinician qualified to provide medical opinions on the relationship between the Veteran's acquired psychiatric disorders and his TBI.

The Veteran's 100% rating for persistent depressive disorder with persistent major depressive episode and GAD with TBI residuals was restored to 100% effective November 1, 2017.

The Board has remanded the Veteran's claims for service connection for TBI and migraine headaches due to insufficient evidence in the August 2019 VA opinion. The case will be returned for further development.

The Board has remanded the cases for further development due to a lack of adequate medical examinations and opinions regarding the Veteran's claimed TBI and degenerative arthritis of the spine.

The Veteran's claim for service connection for chloracne was denied. The Board found no current diagnosis of chloracne and concluded that the Veteran does not have a disability due to exposure to herbicides, fuel, paint, lead, PCBs, or isocyanates. Other claims were remanded for further development.

The Board has granted service connection for a scar related to head trauma, left knee condition, right-hand condition, low back condition, and TBI. The Veteran is also receiving an increased rating of 10 percent for his right knee limitation of flexion.

The Board has granted service connection for residuals of frostbite of the right lower extremity, left lower extremity, right trench foot, and left trench foot.

The Board has determined that the AOJ did not substantially comply with its January 2022 remand directives and has therefore ordered a remand to obtain an updated retrospective opinion regarding the Veteran's service-connected TBI from December 2014 to current. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is also inextricably intertwined with the TBI claim.