Traumatic brain injury (TBI) decisions — 2022

The Veteran's claim for SMC based on the need for aid and attendance is remanded due to a duty to assist error. A VA medical opinion is needed to distinguish between service-connected and non-service-connected disabilities.

The Veteran is granted special monthly compensation for the residuals of traumatic brain injury due to service-connected PTSD with major depressive disorder and TBI, as he requires regular aid and attendance but does not meet criteria for higher levels of aid and attendance.

The Board has denied the Veteran's claim for service connection for Traumatic Brain Injury (TBI), claimed as head injury, due to a lack of evidence showing a current disability and no in-service or post-service diagnosis of TBI. The Board found that the Veteran did not have a TBI during his military service.

The Veteran's claims for service connection and evaluations have been remanded due to the need for further development. The issues include seeking service connection for speech problems, evaluating limitation of extension of the right elbow, obtaining a higher evaluation for degenerative disc disease with spondylosis of the lumbar spine, and determining an appropriate evaluation for migraine headaches associated with PTSD and TBI.

The Board has remanded the claims for posttraumatic stress disorder, sleep apnea, right wrist carpal tunnel syndrome, left wrist carpal tunnel syndrome, and cervical spine due to procedural issues with the Notice of Disagreement form.

The Veteran's PTSD and TBI have been granted a 70% rating effective May 22, 1990. A total disability rating based on individual unemployability (TDIU) has been granted effective January 1, 2005. Dependents' Educational Assistance benefits have also been established effective January 1, 2005. Special monthly compensation at the housebound rate has been granted from March 13, 2012.

The Board has remanded the case due to errors in duty to assist and incomplete evidence. The Veteran's claim for service connection for migraine headaches is now pending, and his SSA records must be considered.

The Board denied the Veteran's claim for service connection for residuals from traumatic brain injury (TBI) and short term memory loss, finding that there was not sufficient evidence to establish a direct link between these conditions and his active-duty service.

The Board has remanded several issues for further development, including investigating the Veteran's service in Korea and Kuwait, obtaining his complete military personnel records, and obtaining any outstanding VA and private treatment records. The claims for right hand frostbite, bilateral hand disability, back disability, acquired psychiatric disorder (including depression and/or PTSD), left knee disability, right knee disability, and bilateral hearing loss are all remanded.

The Veteran's appeals for a higher evaluation for his right ear hearing loss disability, an evaluation in excess of 70 percent for PTSD beginning August 13, 2015, and entitlement to a total disability rating based on individual unemployability have all been denied. The Board found that the evidence did not support granting any of these claims.

The Board has decided to remand the case due to an inadequate medical opinion regarding whether the Veteran's TBI is aggravated by his service-connected PTSD.

The Board has dismissed the appeals for service connection and compensation under 38 U.S.C. 1151 for various disabilities, as well as a compensable rating for alopecia scarring.

The Veteran's service-connected traumatic brain injury does not require the need for personal healthcare services provided on a daily basis in his home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional, thus denying SMC based on aid and attendance.

The Board has remanded the appeal for a new VA TBI examination and medical opinions due to lack of substantial compliance with prior remand directives. The Veteran's disability rating for residuals of TBI is currently at 40 percent, effective July 29, 2022.

The Board has decided to remand the case due to inadequate examination and further development is needed.

The Board denied service connection for TBI due to the lack of evidence supporting a current diagnosis and an in-service injury.,The Board remanded the claims for erectile dysfunction, bilateral hearing loss disability, tinnitus, and obstructive sleep apnea as there was insufficient medical examination or opinion.

The Veteran's TBI residuals are being remanded for further evaluation, and the issue of TDIU prior to September 14, 2015 is also being remanded as it is inextricably intertwined with the TBI claim.

The Board denied the Veteran's claim for SMC at the rate specified under 38 U.S.C. § 1114(t) because the evidence did not show that he required a higher level of care than what his caregivers provided, which would require professional health-care services or regular supervision by a trained health-care professional.

The Veteran's claim for service connection for a traumatic brain injury is denied as there is no evidence of a current diagnosis.,The Veteran's claim for service connection for insomnia is denied as it is considered a symptom of his major depressive disorder, which he already has service-connected.

The Board has remanded three issues: service connection for TBI, onychomycosis of the feet, and a cardiac disorder. The appeal is pending as the VA/RO did not act as an AMA Opt-In for the February 2021 supplemental claim.