Traumatic brain injury (TBI) decisions — 2022

The Veteran's claim for an increased rating for migraine headaches, TBI, and seizure disorder has been denied. The highest schedular ratings have not been assigned.

The Board has remanded several issues related to the Veteran's service connection claims, including erectile dysfunction, headache, diabetes mellitus, type II, bilateral foot disability, skeletal arthritis, depression, muscle damage to left side, pelvis injury, bilateral eye disability, low back disability, TBI, right hip and knee disabilities, GERD, and bilateral kidney disability. The remand includes obtaining VA treatment records from 1988 to present and scheduling a new examination for the right hip.

The Board denied service connection for residuals of frostbite of the feet and granted service connection for lumbosacral strain with degenerative arthritis of the spine. The Veteran does not have current residuals of frostbite on his feet, but has a current back disability that began in-service.

The Veteran's TBI residuals prior to March 20, 2020 were only rated for tinnitus and headaches. From March 20, 2020 to February 8, 2022, he was granted a separate noncompensable evaluation for his TBI residuals. Since February 8, 2022, the Veteran is entitled to a separate 40 percent evaluation for his TBI. The PTSD disability remains at 70 percent from March 20, 2020 to March 8, 2021 and was remanded for further review.

The Board has remanded the claims for bladder cancer, bilateral flat feet, residuals of traumatic brain injury, loss of grip in the right hand, and a compensable rating for residuals of a fracture of the 4th digit, right hand with degenerative arthritis due to new evidence received since the last denial.

The Board has granted the Appellant's claim, finding that service-connected seizure disorder and traumatic brain injury (TBI) contributed to the Veteran's death from pulmonary embolism and coronary artery disease. The cause of death is now considered service connected.

The Board has denied service connection for PTSD and TBI, finding the Veteran's claims not credible due to his inconsistent statements about events in service. The Board also found no evidence of a current disability related to service.

The Board has remanded the case due to a lack of service treatment records for an in-service motor vehicle accident and incomplete private medical records. The Veteran's claim will be further evaluated after these records are obtained.

The Veteran's service-connected disabilities result in the loss of use of both lower extremities, necessitating constant use of a walker. The Board has granted financial assistance for specially adapted housing but denied the special home adaptation grant as moot.

The Board has granted service connection for residuals of traumatic brain injury and headaches, finding that the Veteran's current symptoms are attributable to his in-service injuries.

The Board has remanded the Veteran's claims for unspecified trauma and stressor-related disorder and residuals of traumatic brain injury (TBI) with headaches and subjective symptoms due to increased severity of his service-connected conditions. Additional examinations are required to determine appropriate disability ratings.

The Veteran's TBI residuals were rated at 40 percent prior to February 6, 2018, and at 70 percent from February 6, 2018, to March 24, 2021. The appeal for a higher rating than 70 percent is denied.

The Board has ordered additional development due to insufficient discussion in the medical opinions regarding the relevant medical history and specific private medical opinion.

The Veteran's appeal seeking service connection for a right shoulder injury is dismissed. Service connection for residuals of traumatic brain injury and right foot disability are granted. The issue of service connection for left foot disability is remanded.

The Veteran's PTSD with major depressive disorder and residuals of TBI is rated at 70 percent, effective May 14, 2014. The rating reflects occupational and social impairment with deficiencies in most areas.

The Veteran's TBI and migraine headaches have been granted effective as of March 1, 2013. Dependency compensation for his minor child has also been granted.

The Board has dismissed the Veteran's appeals for service connection and increased rating claims related to his right knee condition, TBI, headaches (secondary to PTSD), and perennial rhinosinusitis with headaches.

The Veteran's claims for service connection for traumatic brain injury and lower back condition were denied due to lack of new and material evidence. The claim for increased rating for unspecified anxiety disorder and depressive disorder was granted with a 70% disability rating.,The Veteran continues to experience occupational and social impairment, but the current rating reflects his overall disability level.

The Veteran's claims for service connection for TBI, left knee disability, acquired psychiatric disability (PTSD), and dental disability are all denied as there is no competent evidence linking these conditions to his military service.

The Veteran's left knee degenerative osteoarthritis is currently rated at 10 percent, but the Board found no basis for a higher rating due to noncompensable limitation of motion.,The Veteran's TBI with cognitive impairment was initially rated at 70 percent and later reduced to 40 percent effective October 1, 2015. The Board found that the reduction was proper.