Traumatic brain injury (TBI) decisions — 2022

The Veteran's TBI is rated at 70 percent, effective June 18, 2012. The Board has remanded the case for further development.

The Veteran's initial compensable rating for right thigh scar from June 2, 2009 is granted. The Veteran's increased rating in excess of 50 percent for TBI with PTSD from June 2, 2009 to February 2, 2017 is denied. A 70% rating for TBI with PTSD from March 1, 2017 to February 16, 2020 and a 100% rating thereafter is granted. SMC (t) from February 17, 2020 onward is granted. Service connection for right eye residuals of PRK surgery diagnosed as halos and dryness and service connection for diplopia and light sensitivity secondary to service-connected TBI are also granted.

The Veteran's appeal for TDIU is being remanded due to the need for additional medical opinions and further development. The issues of TDIU prior to June 22, 2021, and TDIU from June 22, 2021, are inextricably intertwined.

The Veteran's TBI is rated at a 40 percent rating, effective from the date of claim. The initial rating for Major Neurocognitive Disorder prior to July 19, 2017 is denied. The initial rating for Major Neurocognitive Disorder since July 19, 2017 is also denied.

The Board has granted the Veteran's petition to reopen his claim for service connection for residuals of a traumatic brain injury and has determined that there is at least an equipoise of evidence in favor of service connection.

The Veteran's claim for service connection for traumatic brain injury residuals has been granted. However, the claim for secondary service connection for an acquired psychiatric or cognitive disorder is remanded due to insufficient evidence.

The Veteran's claim for SMC based on the need for regular aid and attendance due to his service-connected residuals of a TBI is remanded as there are uncertainties regarding whether such need is solely due to his service-connected condition.

The Veteran's TBI is manifested by a diagnosed disability prior to October 22, 2019, but no subjective symptoms or any mental, physical, neurological conditions, or residuals attributable to TBI. The criteria for an initial compensable disability rating have not been met.

The appeal for an initial compensable rating for service-connected traumatic brain injury (TBI) and the appeal for a total disability rating due to individual unemployability (TDIU) are both remanded. A new VA examination is required, and any outstanding VA treatment records should be obtained.

The Board has decided to remand the Veteran's claims for PTSD with TBI and TDIU due to missed VA examinations, and to determine if separate disability ratings are warranted.

The Board has granted service connection for Traumatic Brain Injury (TBI) due to an in-service blast explosion, finding that the Veteran's symptoms are related to his military service.

The Veteran's sleep disorder is denied as there is no persuasive evidence of an in-service event, onset or connection to active military service.,The Veteran's TBI and its residuals are denied due to lack of evidence of a confirmed injury during service.,PTSD is not granted as the claim cannot be substantiated by credible supporting evidence of an in-service stressor.

The Veteran's tinnitus is found to have begun during active service and granted.,Issues related to shin splints, left foot disability, right foot disability, tendonitis of the knee, left knee disability, bone fractures, back disability, dysentery, allergies, and TBI residuals are remanded for further development.,The Veteran's tinnitus is found to have begun during active service and granted.

The Board denied an increased rating for the Veteran's PTSD with depressive disorder and TBI, finding that his disability did not meet the criteria for a higher rating due to total occupational and social impairment.

The Board has decided to remand the case for further examination and review of records, including those from a private physician who diagnosed TBI. The Veteran's service treatment records show exposure to an IED blast during service, but no specific diagnosis of TBI at that time. The examiner should determine if there are current residuals of TBI related to service.

The Veteran's appeal is being remanded for the issuance of a Statement of the Case (SOC) regarding his claims for service connection for abdominal hernia, an initial compensable rating for traumatic brain injury (TBI), and bilateral sensorineural hearing loss.

The Board has decided to remand the case due to an inadequate June 2016 VA opinion regarding the relationship between the Veteran's TBI and his service-connected PTSD. A new examination is required to determine if the TBI was caused or aggravated by PTSD, with a focus on whether cognitive disabilities are related.

The Veteran's service-connected TBI and PTSD are rated at a 70 percent disability rating since September 29, 2016. The decision also denied the claim for total disability based on individual unemployability prior to September 29, 2018.

The Veteran's TBI has been rated at 10 percent, but the Board granted a full grant of his claim for a 40 percent rating.

The Board has determined that the VA medical opinions are not adequate to adjudicate the claim of entitlement to an increased initial rating for residuals of a traumatic brain injury. The Veteran's symptoms overlap with his service-connected posttraumatic stress disorder, and it is unclear whether they can be clearly separated from each other.