Traumatic brain injury (TBI) decisions — 2022

The Veteran is granted SMC based on the need for and attendance pursuant to 38 U.S.C. § 1114(r)(2) from March 23, 2018. The claim of entitlement to SMC based on the need for aid and attendance due to the residuals of TBI pursuant to 38 U.S.C. § 1114(t) is denied as he is already in receipt of SMC under 38 U.S.C. § 1114(r)(2).

The Veteran's claims for service connection for residuals of a TBI, cervicalgia with pinched nerve (secondary to TBI), back injury, degenerative joint disease of the left hip, and degenerative joint disease of the right hip have all been denied. The Veteran's hearing loss, tinnitus, onychomycosis, and hypertension claims are also denied.

The Veteran's claims for increased ratings for TBI, PTSD, and bilateral hearing loss were denied. The Board found that the highest level of impairment for his TBI residuals was no greater than a level 1 impairment.

The Veteran's claim for service connection for sinusitis has been reopened, and he is now entitled to a compensable rating for erectile dysfunction. The issue of an earlier effective date for the assignment of a 70 percent rating for TBI and PTSD remains unresolved.,The Veteran's request for a higher rating for his TBI and PTSD was denied, and the case has been remanded for further review.

The Board has determined that the VA examination provided in this case is inadequate and remands for further development, including obtaining an adequate VA opinion.

The Board has remanded the Veteran's claims for service connection for concussion, migraine headaches, and a back condition due to the need for additional examinations and consideration of the Veteran's lay testimony and assertions.

The Board has returned the case to the RO for further development and adjudication due to non-compliance with previous remand directives. The Veteran's claims for increased disability ratings for TBI residuals, including psychiatric residuals, and for a total disability rating based on individual unemployability are being remanded.

The Board has withdrawn the claims for service connection for ruptured left ear drum and residual of frostbite to the bilateral upper and lower extremities. The case is REMANDED for a new VA examination to determine the current severity of the Veteran's bilateral hearing loss.

The Board has remanded the Veteran's claims for frostbite residuals of the bilateral hands, a right arm disability, and an acquired psychiatric disability due to inadequate medical opinions in previous examinations.

The Veteran's TBI residuals, PTSD, and associated conditions have been rated as a total disability rating based on individual unemployability (TDIU) effective January 21, 2022.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment, leading to a TDIU from September 4, 2014. The claim for an extraschedular TDIU prior to that date is remanded.

The Veteran's acquired psychiatric disorder, including PTSD, depression, and anxiety, is found to be related to his in-service trauma or stressors. Service connection for this condition is granted.,The Veteran's traumatic brain injury is also found to be related to his in-service injuries and service connection is granted.

The Veteran's service connection claim for residuals of a traumatic brain injury, to include syncope, head laceration, neurocognitive disorder, anxiety disorder, and depression is granted. The Board also grants the Veteran's claim for service connection for a chest pain condition, to include gastroesophageal reflux disorder (GERD) and Barrett's esophagus.

The Veteran's claims for service connection for residuals of left and right foot frostbite are being remanded due to the need for a VA examination.

The Board has remanded the Veteran's claims for additional development due to his failure to attend scheduled VA examinations. Service connection is granted for tinnitus, but further evidence is needed for the remaining issues.

The Board has remanded the case due to non-compliance with prior remand directives and insufficient medical opinions regarding the severity of the Veteran's TBI prior to August 31, 2020. The Veteran was not given an opportunity to be interviewed by the examiner.

The Veteran's claims for service connection for TBI, migraine headaches, and a higher rating for his depressive disorder were all granted effective April 4, 2014. The claim for an earlier effective date for the 70 percent evaluation of his depressive disorder was denied.

The Veteran's major depressive disorder with anxious distress is related to her active service, and the resulting physical disabilities are also considered secondary to this condition.,The Veteran has been granted service connection for loss of use of the left eye, optic neuropathy of the left eye, right mandible disorder, and TBI as these conditions are found to be proximately due to her major depressive disorder with anxious distress.

The Board has denied the Veteran's claims for service connection for right ear hearing loss and TBI, finding that there is no current disability in either condition to support a grant of service connection.

The Veteran's service-connected TBI residuals, including headaches and cognitive impairment, are rated at a maximum of 70 percent since September 23, 2021.