Traumatic brain injury (TBI) decisions — 2022

The Veteran's TBI was granted a disability evaluation of 40 percent effective from January 29, 2015 to June 5, 2018. The RO is directed to obtain updated medical records and schedule the Veteran for examinations to determine current severity of his bilateral hearing loss and diabetes mellitus type II.

The Board has decided that the VA's initial rating decision for PTSD and TBI disabilities should be reconsidered due to new evidence received after the April 2017 SOC.

The Veteran's service connection claim for an upper back/neck disability is denied. The Veteran's TBI residuals are granted at a 10 percent rating, and his migraines associated with TBI are granted at a 50 percent rating.

The Veteran's left arm fracture is granted a 10% rating. Service connection for TBI, headache disorder, left great toe sprain, and right wrist disorder are all granted. The appeal of service connection for diabetes mellitus was withdrawn.

The Veteran's appeals for GERD, TBI, peripheral vestibular disorder, and dermatographic urticaria were dismissed. Service connection was granted for right leg amputation and residuals of a mandible fracture as secondary to service-connected PTSD with major depressive disorder.

The Veteran's claim for TDIU prior to December 18, 2015 is remanded due to the need for further development and examination. The AOJ must verify the date of last full-time employment and schedule a VA examination to assess functional impairment from service-connected disabilities.

The Veteran's tinnitus is granted service connection. The claims for back disability, TBI residuals, and acquired psychiatric disorder are remanded due to new evidence received.

The Veteran's claims for asthma, traumatic brain injury (TBI), and headaches are being remanded due to the addition of new VA treatment records to his case file.

The Veteran's separate 10 percent rating for TBI residuals was restored effective April 30, 2022. The restoration is subject to the regulations governing the payment of monetary award.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as her combined disability rating is at least 70 percent, but she cannot secure or follow a substantially gainful occupation due to her PTSD and other service-connected conditions.

The Veteran's TBI residuals, other than headaches and tinnitus, have been rated at a 40 percent disability rating throughout the claim period.

The Board has determined that the VA examination conducted in February 2017 was inadequate for adjudicative purposes and remanded the case to obtain a new examination by an appropriate specialist. The Veteran's TBI claim is now pending again.

The Board denied service connection for Traumatic Brain Injury, Headache Disability (claimed as secondary to TBI), and Acquired Psychiatric Disability (claimed as secondary to TBI) due to the Veteran's pre-existing condition that clearly and unmistakably existed prior to his military service.

The Board has dismissed the appeals for increased disability ratings and service connection due to withdrawal by the Veteran. The claims for increased ratings of a right shoulder condition and depressive disorder are being remanded.

The Board has remanded the case for further development, including scheduling a VA examination to determine the nature and etiology of any residuals of TBI. The Veteran's claims for service connection and SMC based on need for aid and attendance are inextricably intertwined.

The Board has remanded several issues for further development, including service connection for sleep apnea and TBI, increased ratings for PTSD, and a rating in excess of 20 percent for cervical and thoracolumbar disabilities. The Veteran's claims are being returned to the AOJ for additional consideration.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and evaluations. The issues include TBI, Left Shoulder Disorder, peripheral neuropathies of upper and lower extremities, and PTSD.

The Veteran's TBI residuals, including overlapping psychiatric impairment and vertigo, are rated at 100 percent effective April 6, 2022. He also receives special monthly compensation (SMC) at the statutory housebound rate from that date.

The claims of entitlement to service connection for a bilateral foot disability, left knee disability, and TBI have been reopened. The cases are being remanded for further development.

The Board has remanded the Veteran's claims for an initial compensable rating and a rating in excess of 10 percent from December 16, 2016, for residuals of traumatic brain injury (TBI) with vestibulopathy due to inadequate reasoning regarding whether the Veteran's headaches are related to his service-connected TBI.