Traumatic brain injury (TBI) decisions — 2022

The Board has determined that the Veteran does not have current diagnoses of bilateral knee and bilateral foot disabilities, as well as bilateral hearing loss and tinnitus. Therefore, service connection for these conditions is denied.

The Board dismissed the appeal for service connection of TBI and increased ratings for PTSD, as well as a combined disability rating. The appellant withdrew his appeals in writing.

The Veteran's PTSD and TBI are currently rated based on their current manifestations, but the Board has remanded for further development due to inconsistencies in evidence. Hypertension is denied as not service-connected.

The Veteran's appeals have been withdrawn, and the cases are dismissed.

The Board denied service connection for bilateral hearing loss, tinnitus, and headaches. Service connection was granted for sinusitis but denied for TBI residuals.

The Veteran's lumbar strain, left knee osteoarthritis with tears of the ACL and MCL ligaments, nondisplaced fracture of the medial tibial spine, and probable osteochondral injury in the lateral femoral condyle, and traumatic brain injury (TBI) have all been granted service connection.,The Veteran's lumbar strain, left knee osteoarthritis with tears of the ACL and MCL ligaments, nondisplaced fracture of the medial tibial spine, and probable osteochondral injury in the lateral femoral condyle, and traumatic brain injury (TBI) have all been granted service connection.

The Board has remanded the Veteran's claims for TBI and psychiatric residuals, as well as his claim for a total disability evaluation based on individual unemployability (TDIU) due to service-connected disabilities. Additional development is needed including obtaining updated medical records, scheduling examinations, and completing additional adjudications.

The Veteran's appeals for increased disability ratings for TBI, diplopia with decompensated esotropia and esophoria prior to June 26, 2015, and diplopia with decompressed esotropia and esophoria from June 26, 2015 to March 16, 2022 have been dismissed due to the Veteran's withdrawal of his appeals.

The Board has dismissed the appeals for service connection of diabetes mellitus type II and traumatic brain injury due to the Veteran's death.

The Veteran's representative withdrew her appeals for service connection for pes planus and plantar fasciitis of the right foot, neck pain/injury, and increased evaluations for migraines, chondropathy of the patellar region of the right knee, and PTSD with TBI.

The Veteran's claims for service connection have been reopened, but the Board has not yet determined whether they are well-grounded. The claim of type II diabetes mellitus is granted as new and material evidence was received. The claim of bilateral hearing loss is also granted as new and material evidence was received. However, the claims for an acquired psychiatric disorder (including PTSD and major depressive disorder), a left ankle disability, and bilateral flat feet are remanded due to insufficient evidence. The claim for residuals of TBI has been reopened and granted.

The Veteran's tinnitus has been granted service connection. The Board has also remanded several other issues for further development and clarification of the evidence.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's initial claim for a higher rating for TBI prior to January 5, 2022 was denied. From January 5, 2022 onwards, his PTSD and GAD with residuals of a TBI were rated at 70 percent. The appeal for TDIU was withdrawn.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate medical opinions regarding the relationship between his service-connected TBI and his claimed psychiatric disorders.

PTSD was granted an initial 70 percent rating effective February 6, 2011 and a combined 70 percent rating for PTSD and TBI effective May 1, 2018.,Headache condition was granted an initial 30 percent rating effective February 6, 2011 and a combined 30 percent rating for PTSD and TBI effective June 15, 2018.

The Board has remanded the Veteran's claims for service connection for degenerative disc disease and spondylosis of the cervical spine, headaches, not otherwise specified, and residuals of a traumatic brain injury (TBI) due to incomplete treatment records and the need for additional examinations.

The Board denied service connection for traumatic brain injury, finding that there is persuasive evidence against the claim and concluding that the Veteran's current symptoms are not related to his service.

The Board has remanded the Veteran's claims for service connection for TBI, hearing loss, tinnitus, a lung condition due to asbestos exposure, and non-prostrating posttraumatic headaches. The cases are being remanded because the examinations conducted were not by specialists in psychiatry, neurology, or neurosurgery as required by VA policy for TBI claims.

The Board denied the Veteran's appeal because his May 2016 substantive appeal was not timely filed, as it came in over 100 days after the appeals period ended. The presumption of regularity in mailing the SOC has not been rebutted.