Traumatic brain injury (TBI) decisions — 2022

The Board denied service connection for residuals of traumatic brain injury, right upper extremity scar, and right upper extremity burn scar due to lack of a diagnosed disability related to these conditions.

The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.

The Veteran requested an earlier effective date for a 30 percent rating for PTSD and TBI, but the Board found that it was not factually ascertainable that the disability met the criteria for such a rating in the year prior to his September 7, 2016 claim.,The Veteran's VA treatment records showed appropriate mood and affect, no pressured speech, and negative depression screenings. The October 2016 DBQ revealed occupational and social impairment due to mild or transient symptoms which decreased work efficiency.

The Board has remanded the cases due to insufficient medical opinions regarding the etiology of the Veteran's left foot disability and residuals of TBI.

The Board has remanded the case due to incomplete records and for further development of evidence related to the Veteran's claims for obstructive sleep apnea and traumatic brain injury.

The Veteran's appeal on the claims for service connection for PTSD, TBI residuals, and a TDIU has been dismissed due to his withdrawal of the TDIU claim.

The Veteran's claims for increased ratings related to PTSD, migraine headaches, left hand disability, ptosis of the eye lid, and scars are being remanded due to the need for additional examinations.

The Veteran's claim for an increased rating for his Traumatic Brain Injury (TBI) was denied because he failed to report for a scheduled VA examination without showing good cause.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder and traumatic brain injury due to a lack of medical evidence regarding their etiology. The Veteran is required to undergo VA examinations to determine if his current conditions are related to his military service.

The Veteran's service connection claims for residuals of a TBI, headaches, and an acquired psychiatric disorder are all granted.,Service connection is established for the Veteran's TBI, headaches as secondary to his now service-connected TBI disability, and an acquired psychiatric condition as secondary to his now service-connected TBI disability.

The Board has determined that the Veteran's current diagnosis of a Traumatic Brain Injury (TBI) is related to his service, specifically multiple improvised explosive device (IED) blast exposures during deployment in Iraq. The claim for TBI service connection is granted.

The Board has reopened the Veteran's claims for service connection for residuals of a head injury including headaches and residuals of an upper back injury. The claims are now remanded to secure additional medical opinions.

The Board has determined that the Veteran's timely substantive appeal was received, and thus the December 2015 rating decision denying service connection for multiple disabilities is granted.

The Board has remanded the claims for traumatic brain injury, right shoulder disability, back disability, and sinusitis due to insufficient evidence in the record.

The Veteran's TBI disability is rated at 10 percent prior to March 23, 2021, and at 40 percent thereafter. The Board finds no evidence of a higher rating for the period before or after this date.,The claim for service connection for an acquired psychiatric disorder secondary to service-connected disabilities remains pending and requires additional development.

The Veteran's PTSD is rated at 70 percent from February 24, 2017 forward. A separate 10 percent rating for TBI residuals effective January 28, 2015 was granted. However, a higher rating for TBI residuals from August 3, 2020 forward is denied.

The Veteran's TBI disability rating is being remanded for a new VA examination to assess the current severity of his service-connected TBI and its residuals. The issue of entitlement to a TDIU from October 20, 2015 to October 10, 2019 is also being remanded as it is inextricably intertwined with the TBI rating claim.

The Veteran's post-concussive and migraine headaches were granted a 30 percent rating from March 1, 2011 to September 10, 2019 and a 50 percent rating from September 11, 2019 to March 16, 2022. A separate 10 percent rating was granted for TBI residuals since March 17, 2022. The Veteran's TMJ disorder did not meet the criteria for a higher rating.

The Board has decided to remand the case due to insufficient medical evidence to determine if the Veteran's TBI is related to his service. The Veteran needs a VA examination to provide more information about his claimed injury.

The Veteran's service-connected frostbite of bilateral hands has rendered him unable to care for many of his daily personal needs without regular personal assistance from others, and the Board grants special monthly compensation (SMC) based on the need for regular aid and attendance of another person.