Traumatic brain injury (TBI) decisions — 2022

The Veteran's TDIU rating is granted as of March 14, 2011 due to his service-connected disabilities. The issue of service connection for sleep apnea has been dismissed.

The Veteran's appeal for an extraschedular rating for his service-connected vascular headaches, cluster type due to traumatic brain injury is dismissed as moot. The Veteran also received a grant of SMC based on the need for regular aid and attendance.

The Board has decided to remand the case due to the need for additional medical opinions regarding the etiology of the Veteran's sleep apnea and whether his service-connected TBI and PTSD could have aggravated it.

The Board has remanded the case for further examination and evaluation to determine if the Veteran is entitled to special monthly compensation based on aid and attendance or housebound status from July 12, 2011 to January 29, 2019, and whether TBI alone warrants such benefits.

The Board has remanded the claims of service connection for bilateral hearing loss, tinnitus, and traumatic brain injury due to insufficient etiology opinions provided by the VA examiner. The Veteran's contentions regarding in-service head injuries are now considered.

The Veteran's appeal for service connection for a traumatic brain injury is dismissed. The Board has also remanded the issues of rating in excess of 50 percent for PTSD and TDIU.

The Board has denied the claim of service connection for residuals of a traumatic brain injury (TBI) as there is no current disability attributable to an in-service head injury.

The Board has remanded the cases for additional development due to inadequate VA examinations and incomplete treatment records. The Veteran's service-connected residuals of left foot frostbite injury and residuals of right foot frostbite injury are currently evaluated as 30 percent disabling, but a higher evaluation is sought.

The Board has determined that there is no evidence to support the Veteran's claim of residuals of frostbite to the hands, and therefore service connection for this condition is denied.

The Board has remanded several issues related to the Veteran's claims, including TBI, lumbar strain, bilateral hearing loss, right and left knee disabilities, and need for regular aid and attendance. The matters are being returned to the RO for further development.

The Veteran's claims for residuals of a frostbite injury and lung disorder are remanded due to the need for additional development, including obtaining VA treatment records, verifying in-service exposures, and scheduling examinations.

The Board has remanded the claims for service connection for TBI, migraines, and an acquired psychiatric disorder (other than PTSD and mood disorder) due to lack of a VA examination. The Veteran's accounts and corroborating lay statements suggest that he experienced a motor vehicle accident in service which may have caused his current disabilities.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, thus his claim for TDIU is denied.

The Board has decided to remand the case due to the need for an addendum VA medical opinion regarding the nature and etiology of the Veteran's obstructive sleep apnea (OSA), specifically addressing whether it is proximately due or aggravated by service-connected PTSD, TBI, and a right ankle disability.

The Veteran's service-connected disabilities did not preclude him from obtaining or maintaining gainful employment prior to February 20, 2014.

The Veteran's claims for a higher rating for TBI and service connection for BHL are remanded due to the need for additional examinations and opinions.

The Veteran's petition to reopen the claim for service connection for headaches was granted. Service connection for a lumbar disability, TBI, and PTSD were denied.

The Veteran withdrew their appeal for service connection of TBI residuals, so the case is dismissed.

The Board has remanded the Veteran's claims for TBI residuals, PTSD, left foot condition, right foot condition, left knee condition, right knee condition, and tinnitus due to a lack of issuance of a statement of the case.

The Board has reopened the claims for service connection of right knee and shoulder disabilities, but has remanded several issues including rating increases and effective dates.