Traumatic brain injury (TBI) decisions — 2022

The Veteran's TBI residuals have been rated at 40 percent from May 8, 2008 to April 25, 2019. The Board has remanded the issue of whether a higher rating is warranted for TBI residuals and also remanded the claim for Total Disability Rating Based on Individual Unemployability (TDIU).

The Board has determined that the Veteran's currently diagnosed TBI with ADHD is related to his in-service head injury and symptoms have persisted since service. Service connection for this condition is granted.

The Board has determined that the claims for TBI, brown recluse spider bite, and right knee disability are remanded due to incomplete development. The Veteran is also entitled to a formal notice of requirements to substantiate a claim for TDIU benefits.

This decision grants restoration of a 30% rating for obstructive sleep apnea from April 2, 2013 to April 15, 2019. The reduction of the 10% rating for post-concussive syndrome/traumatic brain injury residuals starting from June 11, 2013 is denied.,Restoration of a 30 percent disability rating for obstructive sleep apnea (OSA) effective April 2, 2013 to April 15, 2019 was granted. The reduction of the 10% rating for post-concussive syndrome/traumatic brain injury (TBI) residuals starting from June 11, 2013 is denied.

The Veteran's claims for earlier effective dates for service connection were denied as there was no evidence of a claim prior to February 6, 2017.,Service connection was granted in September 2017 for residuals of TBI with headaches and adjustment disorder with anxiety and depressed mood on February 6, 2017.

The Veteran's TBI with frontal lobe damage is granted as service connection due to combat exposure during active duty.

The Veteran's claims for increased ratings and secondary service connection are remanded due to the need for additional examinations and opinions regarding her TBI, facial scars, pain, sinus problems, and broken nose.

The Veteran's claims for service connection for anxiety and depression, left ankle condition, PTSD, and TBI were denied as there was no evidence of a nexus to service.,There is no credible supporting evidence that the Veteran experienced any in-service stressors related to fear of hostile military or terrorist activity.

The Board has granted service connection for tinnitus, but the other issues are remanded as there is insufficient evidence to determine if they are related to service.

The Board denied service connection for a traumatic brain injury (TBI) and obstructive sleep apnea (OSA), finding that the Veteran did not sustain these conditions during active duty or as a result of an in-service event, injury, or disease. The TBI was determined to be unrelated to his INACDUTRA period with the Utah Army National Guard on October 6, 2012.

The Board has remanded the cases for additional development and consideration of new evidence, including VA examination reports. The issues of service connection for various disabilities remain on appeal.

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

The Board has remanded the claims for service connection for Traumatic Brain Injury and Eye Disability due to lack of evidence regarding exposure during service, need for additional development including obtaining unit records, and seeking a medical opinion.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical opinions regarding his headaches, TBI residuals, right thumb disability, PTSD with GAD, and total unemployability.

The Board has decided to remand the case for a new examination to assess all nonservice-connected disabilities, including mental health conditions and physical injuries.

The Veteran's claims for service connection for an acquired psychiatric disorder and a traumatic brain injury have been remanded due to the need for additional development, including verification of in-service tank accident injuries.

The Board has remanded the claims for hypertension, TBI residuals and a recurrent seizure disability, as well as the rating for thoracolumbar spine degenerative disc disease due to incomplete VA examinations.

The Veteran's PTSD and TBI have been rated at 70 percent since July 29, 2018. The rating is granted but does not exceed the maximum allowed under DC 8045-9411.

The Board dismissed the appeals regarding hypertension, left head injury and traumatic brain injury, left lower temporal scar, and left ear hearing loss as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's service connection claim for residuals of traumatic brain injury (TBI) other than headaches is granted as the Board finds it just as likely as not that he sustained a TBI during his service and has residual symptoms aside from migraine headaches.