Traumatic brain injury (TBI) decisions — 2022

The Board has remanded the cases for further examinations and evaluations due to insufficient evidence regarding the severity of the Veteran's conditions, particularly in relation to their service connection.

The Board has withdrawn the appeal for right wrist DJD and remanded other service connection claims due to new evidence or changes in circumstances.

The Board has remanded the case due to non-compliance with previous remand instructions. The Veteran seeks service connection for residuals of a head injury, including TBI, which she claims occurred during her service in South Korea. However, there is insufficient evidence to establish service connection.

The Board has remanded the case due to procedural issues and a need for additional medical examination. The Veteran's claim of entitlement to an initial compensable disability rating for traumatic brain injury (TBI) is now pending.

The Board has remanded the case due to a lack of VA TBI examination opinions and for further medical evaluation.

The Board has remanded the Veteran's claims for traumatic brain injury, chronic headaches, left ear hearing loss, chronic sinusitis, left elbow disability, middle back disability, low back disability, irritable bowel syndrome (IBS), dysentery, left hip disability, right hip disability, left knee disability, right knee disability, left lower extremity neuropathy, right lower extremity neuropathy, left foot disability, and right foot disability due to incomplete records from his National Guard service.

The Board has granted service connection for both Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI), finding that the evidence is in approximate balance, with the conditions likely attributable to the Veteran's military service.

The Board has remanded the Veteran's claims for service connection for residuals of left foot fracture and traumatic brain injury due to procedural issues, lack of complete service treatment records, and need for further medical opinions.

The Veteran's claim for service connection for frostbite residuals of the bilateral feet and toes was reopened, but a rating in excess of 10 percent for hearing loss from May 21, 2018, to November 1, 2019, is denied.,Service connection for frostbite residuals of the right hand and left hand remains remanded due to insufficient evidence.

The Veteran's PTSD with TBI was not granted a disability rating in excess of 30 percent before October 9, 2020 and in excess of 70 percent thereafter. The Veteran's headache disability did not meet the criteria for an initial compensable disability rating.

The Board has remanded the Veteran's claims for service connection for TBI, including headaches and seizures residuals, due to inadequate prior examinations. The SMC based on need for regular aid and attendance claim is also being remanded as it is inextricably intertwined with the TBI claim.

The Veteran was not found to be in need of regular aid and attendance due to service-connected disabilities other than the loss of use of bilateral lower extremities, which is why he did not meet the criteria for SMC(o).

The Veteran's claim to reopen service connection for traumatic brain injury (TBI) residuals is granted, and the appeal for service connection of a neurological disability manifested by weakness, concentration deficits, memory impairment, and other neurological deficits (originally claimed as TBI residuals) is also granted. The Board finds that both conditions are presumptively service-connected due to their manifestation within the first post-service year.

The Veteran's appeals for increased disability ratings for PTSD and two forms of neurocognitive disorder due to TBI have been dismissed as the appellant has withdrawn his appeal.

The Board has remanded the claims for hypertension, TBI, and right lower extremity neuropathy due to potential new theories of entitlement and need for additional development.

The Veteran's TBI with memory loss and right ankle disability are granted, with a 40% rating from July 16, 2013 to November 3, 2020. The right ankle disability is rated at 10%. Service connection for PTSD is also granted.

The Board has granted service connection for right knee and hip disabilities, as well as migraines, all secondary to the Veteran's service-connected right ankle disability. The TBI claim is denied.,Service connection was established for right knee and hip disabilities due to an altered gait caused by a service-connected right ankle injury. Migraines are considered a continuation of pre-existing conditions.

The Board has determined that a remand is necessary to obtain an adequate VA examination for the Veteran's claims of TBI and migraine headaches, as these issues are inextricably intertwined with the determination of whether service connection can be established.

The Board has granted service connection for a migraine disability but remanded the issue of service connection for a traumatic brain injury due to insufficient evidence.

The Board denied the Veteran's claims for service connection for various conditions, including lumbar spine disability, left and right lower extremity frostbite residuals, acquired psychiatric disability (PTSD), prostate cancer, cervical spine disability, left shoulder disability, right shoulder disability, left elbow disability, right elbow disability, left wrist disability, right wrist disability, and gastrointestinal disabilities. The claims were denied due to lack of new and material evidence.