Traumatic brain injury (TBI) decisions — 2022

The Veteran's appeal regarding the initial rating for PTSD is being remanded due to inadequate discussion of TBI residuals and possible applicability of a separate rating under Diagnostic Code 8045. The Board must ensure substantial compliance with the August 2020 Joint Motion for Remand (JMR) by addressing all relevant symptoms, including vertigo and syncope.

The Veteran's claims for increased evaluations of his psychiatric disability, traumatic brain injury (TBI), and headaches associated with TBI were denied due to failure to report for scheduled VA examinations.

The Veteran's appeal for service connection and reopening of hip disabilities is remanded due to the use of an incorrect form. The Board will issue a SOC so the Veteran can decide whether to continue his appeal.

The Board denied service connection for PTSD, TBI, thoracolumbar spine disability, gastrointestinal disorder, CTS, and OSA. The Veteran's claims were not adjudicated on the basis of service connection.

The Veteran's service-connected conditions did not prevent him from securing and following substantially gainful employment prior to March 18, 2020.

The Veteran's appeal for an initial compensable rating for left ear hearing loss has been dismissed due to his withdrawal of the appeal. The Board has also remanded cases involving service connection, TDIU, and special monthly compensation.

The Veteran's earlier effective date claims for the 30 percent ratings assigned for frostbite of the hands are granted.

The Veteran's service-connected PTSD with anxiety and TBI results in total occupational and social impairment, leading to a 100 percent disability rating for PTSD effective April 1, 2017.

The Board has remanded the Veteran's claims for increased ratings due to inadequate VA examinations and treatment records. The issues include TBI, unspecified depressive disorder/mood disorder, and bilateral eye disabilities.

The Veteran's claim for service connection for TBI has been remanded due to new evidence potentially related to the condition.,The Veteran's claim for secondary service connection for chronic lymphocytic leukemia as related to exposure at Camp Lejeune is also remanded.

The Board has remanded the claim of service connection for residuals of a traumatic brain injury (TBI) due to further development, including scheduling an examination.

The Board has remanded the cases for further development and examination. The Veteran is seeking service connection for a sleep disorder, an increased rating for asthma, and a back condition and TBI.

The Board has granted the Veteran's claim for service connection for dementia, secondary to his service-connected PTSD. The decision is based on an approximately even balance of evidence that suggests the dementia may be caused by PTSD.

The Board has decided that the Veteran's eye/vision disability may be service-connected as secondary to his service-connected TBI and migraine headaches, but more development is needed before a final decision can be made.

The Board has remanded the claims for service connection for residuals of a TBI, headache condition, low back disability, and cervical spine disability due to insufficient reasons or bases in the May 2021 decision. The Veteran's lay testimony regarding head injuries sustained during active service is considered, along with requests for VA examinations and opinions on various issues.

The Veteran is granted a TDIU from October 14, 2015 to October 26, 2020 due to his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board has determined that the case requires additional medical opinions to address whether the Veteran's TBI increased in severity during service and if her current TBI residuals are proximately due to or aggravated by her PTSD. The case is therefore being remanded for these purposes.

The Veteran has withdrawn their appeals regarding higher initial ratings for service-connected TBI residuals and back disability. The Board cannot proceed with these issues as the appeal is dismissed.

The Board has remanded the claims for bilateral shin splints, TBI residuals, and broken jaw residuals due to incomplete service treatment records and lack of examinations. The Veteran's lay statements regarding symptom onset will be considered in the examination.

The Veteran's TBI headaches claim is remanded due to inadequate examination and failure to consider the Veteran's non-credible self-reports of symptoms.