Traumatic brain injury (TBI) decisions — 2022

The Board has remanded three issues: entitlement to a compensable rating for service-connected malaria, service connection for TBI and/or residuals of TBI, and service connection for scars on the brain. The Veteran's claim is being returned for additional development.

The Veteran's PTSD has been granted an initial rating of 70 percent, but not higher, for the entire period prior to April 19, 2019. The issue of entitlement to a TDIU for the period prior to March 3, 2015, is remanded.

The Veteran's claim for a higher rating for his TBI residuals is remanded due to the need for additional medical evidence and an updated examination.

The Veteran's TBI is rated at 70 percent, but not more, with moderate impairment of memory, attention, concentration, or executive functions resulting in moderate functional impairment. PTSD and migraine headaches are separately rated.

The Veteran's TBI, GERD, seizure disorder including epilepsy, and obstructive sleep apnea are all granted as service-connected.,The Board found that the Veteran had a current disability of each condition while on active duty.

The Veteran's service-connected headaches are found to be related to his current acquired psychiatric disorder, including major depression. The claim for right eye vision disorder is granted as new and material evidence has been submitted.

The Board has determined that the Veteran does not have residuals of a TBI, and there is no current diagnosis of a chronic respiratory disability. The claim for sleep apnea is remanded due to incomplete medical records. The low back disability claim is also remanded as clarification on the nature and etiology of the condition is needed.,The Board has determined that the Veteran does not have residuals of a TBI, and there is no current diagnosis of a chronic respiratory disability. The claim for sleep apnea is remanded due to incomplete medical records. The low back disability claim is also remanded as clarification on the nature and etiology of the condition is needed.

The Veteran's claim for bilateral hearing loss and tinnitus is dismissed as the appellant withdrew his appeal.,Service connection for a back disorder was reopened due to new evidence received since the May 2013 rating decision. The claim of service connection for thoracolumbar disc space narrowing with degeneration and spondylosis and right knee residuals of remote partial thickness tear of the right ACL fibular collateral ligament sprain is granted.,Service connection for headaches is granted as the evidence is in approximate balance regarding whether the Veteran has a disability caused by his PTSD.,Service connection for TBI residuals is denied due to lack of competent and credible evidence showing causation.,A 30 percent rating for GERD since February 1, 2018 is granted.

The Veteran's claim for residuals of frostbite of the feet was denied, but reopened due to new and material evidence. The gastrointestinal disability including constipation with hemorrhoids is now granted.,The Veteran's claims for an acquired psychiatric disorder (PTSD and depression) were both reopened and granted.

The Veteran's right hand carpal tunnel syndrome is granted with a rating of 30 percent, but no higher. The appeal for residuals of TBI and left upper extremity carpal tunnel syndrome remains pending.

The Veteran's claim for service connection for a bilateral knee condition is denied as there is no current diagnosis of a knee disorder in either knee.,The Veteran's claim for service connection for residuals of frostbite of hands and feet is denied as the evidence does not indicate he has a current disorder or any residuals.

The Veteran's left ear hearing loss is granted as service-connected. The cases for increased disability evaluations and service connection for right ear hearing loss are remanded.

The Board has determined that the reduction of the Veteran's TBI rating from 10 to 0 percent, effective January 20, 2016, was improper. The case is now remanded for further evaluation and consideration.

The Board has denied the Veteran's claims for service connection for a disability of the feet and scoliosis of the thoracolumbar spine, finding that there is no evidence linking these conditions to his military service.

The Board has determined that new and material evidence has been received to reopen the previously denied claim for service connection for frostbite residuals of the feet. The appellant's current symptoms are related to his in-service injury, but further development is needed to determine if these disabilities are related to service.

The Veteran's claims for a compensable rating for bilateral plantar fasciitis and pes planus, service connection for bilateral osteoarthritis of the feet secondary to service connected bilateral plantar fasciitis and pes planus, service connection for vertigo, including dizziness and giddiness, secondary to service connected migraine headaches and/or tinnitus, and service connection for a traumatic brain injury are all remanded.,The Veteran's claims will be further evaluated based on the evidence provided during the hearing and any additional records obtained.

The Board has remanded the case due to the need for a new VA examination to determine the current severity of the Veteran's TBI residuals.

The claim for service connection for residuals of a traumatic brain injury, including PTSD and headaches was reopened due to the submission of new evidence. However, the claim remains denied as there is no credible evidence linking these conditions to service.

The Board has decided to remand the case due to insufficient in-service records and internal inconsistencies in a previous examination. The Veteran's TBI claim will be reviewed with additional development, including obtaining new medical records.

The Veteran's claim for service connection for a TBI or acquired psychiatric disorder was denied as the evidence did not support a finding of such disabilities during his active duty.,Service connection for degenerative arthritis of the lumbar spine with IVDS and radiculopathy, right lower extremity, sciatic nerve were also denied due to lack of supporting medical evidence.