Traumatic brain injury (TBI) decisions — 2022

The Veteran's appeal is remanded due to outstanding VA and private treatment records that need to be obtained for a proper evaluation of his PTSD with TBI.

The Board has remanded the Veteran's claims for TBI, HTN, bilateral hip and back disabilities, bilateral foot disability, and left elbow disability due to conflicting medical opinions and inadequate examination reports.

The Veteran's claims for service connection for IVDS, left ankle cyst, and TBI were all granted. However, the claim for carpal tunnel syndrome of the right upper extremity was denied, as was the claim for degenerative arthritis of the back.,A remand has been ordered for a cervical radiculopathy claim.

The Board has remanded the Veteran's claims for service connection for residuals of a head injury, right knee disability, and left knee disability due to unclear examination reports and lack of STRs.

The Veteran's appeals have been dismissed as he has requested the withdrawal of all pending appeals.

The Board has remanded the cases due to failure of the Veteran to report for scheduled VA examinations and because the contract examiner failed to provide an addendum etiological opinion. The Veteran is advised that if he fails to attend his scheduled examination, the Board may decide the claim based on the evidence of record.

The Veteran's claims for service connection for headaches and TBI with residuals including sleep apnea have been reopened. The Board found that the Veteran experienced headaches in service, which continue to persist today. However, there is no current diagnosis of a traumatic brain injury (TBI) or its associated residuals.

The Veteran's claims for increased ratings and initial rating determinations were denied. The claim for an increased rating for right knee strain with patellofemoral pain syndrome was denied as the evidence did not support a higher rating than 10 percent. The claim for an initial rating in excess of 30 percent prior to May 4, 2015, and in excess of 70 percent thereafter for major depressive disorder (residuals of traumatic brain injury) was also denied as the evidence did not support a higher rating than 30 percent.

The Veteran withdrew his appeal for service connection for residuals of frostbite to the hands.

The Board has remanded the case due to the need for a medical opinion regarding the etiology of the Veteran's claimed residuals of frostbite, including carpal tunnel syndrome.

The Veteran's sleep apnea, left knee condition, right knee condition, and right hip condition are not service-connected.,His left hip strain is not rated higher than the current 10 percent assigned.

The Board has denied the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) due to insufficient evidence linking the in-service head laceration to current cognitive impairments.

The Board denied the Veteran's claim for service connection for a traumatic brain injury (TBI) due to inconsistent and contradictory lay assertions regarding in-service incurrence of a TBI, continuous post-service disability, or current disability related to active service.

The Veteran's right shoulder and bilateral ankle disabilities are found to be related to service, while the flatfoot and TBI claims are denied as there is no current diagnosis.

The Veteran's PTSD is rated at 50 percent since August 28, 2014 and increased to 70 percent effective that date. The initial compensable rating for TBI was granted from August 28, 2014. Ratings of 30 percent (since August 28, 2014), 60 percent (from August 28, 2014 to August 27, 2015) and 20 percent (since August 28, 2015) were granted for grand mal/tonic-clonic seizures associated with TBI. A separate rating of 50 percent was granted for tension headaches associated with TBI since August 28, 2014. The Veteran's TDIU claim is also granted effective from August 28, 2014.

The Board has decided to remand the case due to inadequate examination and factual inaccuracies in the previous VA opinion. The Veteran's TBI claim will be reviewed again with a new, adequate examination.

The Board has determined that the Veteran's current residuals of TBI are related to a TBI during service, granting service connection for this condition.

The Veteran's TBI is remanded for a VA examination to determine its current existence, nature, and likely etiology. The examiner must also assess whether the TBI clearly and unmistakably existed prior to service or was aggravated by service.

The Veteran's service-connected disabilities precluded him from securing and maintaining substantially gainful employment as of August 22, 2013. The Board has remanded the issue for referral to the Director of Compensation Service for extra-schedular consideration.

The Board denied the Veteran's claims for service connection for Traumatic Brain Injury and Seizures, finding that there was no evidence of a current disability or causal relationship to service.