Traumatic brain injury (TBI) decisions — 2022

The Board has granted service connection for Traumatic Brain Injury (TBI) and associated headaches, finding that the Veteran's in-service exposure to combat events likely resulted in TBI. The decision is based on direct evidence of a current disability and an in-service event.

The Board has remanded the Veteran's claims for service connection for back disability and residuals of TBI due to insufficient information regarding their relationship to service. The Veteran needs to undergo medical examinations to determine if his current disabilities are related to his military service.

The Veteran's initial claim for a higher disability rating for TBI residuals prior to August 19, 2015 was denied. For the period since August 19, 2015, his TBI is rated in conjunction with PTSD and assigned a 10% evaluation.

The Board has decided to remand the Veteran's claims for traumatic brain injury, tinnitus, and bilateral hearing loss due to inadequate consideration of certain medical opinions and examinations in the original decision.

The Veteran's claims for earlier effective dates for service connection were denied. The Board found that the June 1996 Notice of Disagreement did not encompass an appeal as to the denial of his cervical spine claim.,The Court agreed with this finding, stating that the Veteran must have been referencing a different disability than his shoulder claim in his June 1996 Notice of Disagreement.

The Board has remanded the Veteran's claims for obstructive sleep apnea and residuals of a subarachnoid hemorrhage due to insufficient medical opinions on secondary service connection.

The Veteran's claims for an effective date earlier than September 7, 2010 for the assignment of a rating in excess of 10 percent for residuals of TBI, award of TDIU, and eligibility for DEA benefits under 38 U.S.C. Chapter 35 have all been denied.,The Veteran's initial claim for an increased rating for his TBI was received on September 7, 2010, which is the earliest possible effective date for these related claims.

The Veteran's service-connected disabilities, including PTSD, have precluded him from obtaining and maintaining substantially gainful employment prior to July 20, 2021. However, he was employed as a forklift operator in a protected environment until July 20, 2021.

The Veteran's PTSD symptoms have been found to meet the criteria for a 70 percent disability rating prior to November 23, 2021. The appeal regarding other conditions has been dismissed.

The Veteran's service connection for spina bifida occulta is denied. The Veteran's PTSD with TBI and polysubstance abuse disorder are granted a 100% rating from August 20, 2011.

The Veteran's PTSD with TBI is rated at 70 percent, and the Board denied a higher rating as his symptoms did not meet the criteria for a disability rating of 100 percent.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's claimed headache disability and TBI. The Veteran will need to provide updated treatment records, undergo examinations for his headaches and TBI, and have their claims re-evaluated.

The Board has remanded the Veteran's claims for service connection and rating issues due to insufficient evidence or need for further examination. The claims include bilateral hearing loss, TBI residuals, wrist disabilities, headaches, vertigo, sleep apnea, and adjustment disorder.

The Veteran's muscle twitching is granted as secondary to service-connected PTSD. The claims for residuals of TBI and memory loss are remanded.

The Veteran's TDIU and SMC at the housebound rate have been granted due to his service-connected disabilities, including PTSD, headaches from TBI, low back strain, bilateral hearing loss with nonsuppurative otitis media, diabetes mellitus with nephropathy and erectile dysfunction, diabetic retinopathy, peripheral vascular disease, peripheral neuropathy, hemorrhoids, residuals of TBI, and other conditions.

The Veteran's PTSD with TBI was rated at 70 percent disabling, but the Board found that his symptoms did not meet the criteria for a higher rating as they were not productive of total occupational and social impairment.

The Board has determined that additional evidence is needed to decide the claims for service connection for PTSD, costochondritis, back condition, hearing loss, abdominal pain, hemorrhoids, traumatic brain injury (TBI), left ankle condition, and right knee strain. The Veteran's VA generated evidence will be reviewed in a Supplemental Statement of the Case.

The Veteran's appeals for higher ratings and earlier effective dates have been withdrawn.,The reduction of the disability rating for thoracolumbar myofascial strain with IVDS from 40 percent to 20 percent was improper, and the rating is restored. The issues regarding TDIU, headaches, cervical myofascial strain, thoracolumbar myofascial strain, radiculopathy of the right upper extremity and bilateral lower extremities, bilateral shoulders, and bilateral hands are remanded for further action.

The Board has determined that the Veteran's Traumatic Brain Injury (TBI) is related to her service, specifically due to head injuries during wartime service. As such, the claim for TBI is granted.

The Board has granted service connection for cerebrovascular accident (CVA), cerebral vasculitis, hemiplegia, and multiple sclerosis as secondary to the Veteran's service-connected traumatic brain injury (TBI) and posttraumatic stress disorder (PTSD).,Service connection was denied for muscular dystrophy and labyrinthitis.