Traumatic brain injury (TBI) decisions — 2022

The Board has determined that further development is needed for the Veteran's claims regarding TBI residuals, obstructive sleep apnea, and Meniere's syndrome. The remand includes obtaining retrospective medical opinions from an ENT specialist to determine if the Veteran qualified for a diagnosis of Meniere's syndrome prior to April 15, 2021, and whether it is related to his TBI. Additionally, new VA medical opinions are needed regarding the etiology of the Veteran's obstructive sleep apnea.

The Veteran's PTSD is rated at 100 percent since September 9, 2013. He also has additional service-connected disabilities independently rated at more than 60 percent, meeting the criteria for SMC at the house bound rate.

The Veteran's service-connected PTSD and TBI with post-concussive syndrome are currently rated at 70 percent, but the Board found that a higher rating is not warranted due to overlapping symptoms between PTSD and TBI.

The Board has dismissed the veteran's claims for service connection due to his death during the appeal process.

The Board has remanded the case for a new examination by a qualified specialist to determine the severity of all residuals of the Veteran's TBI and whether his PTSD symptoms overlap with or are distinct from his TBI symptoms. The matter remains on appeal as it pertains to service connection.

The Board has decided that the Veteran's claim for service connection for traumatic brain injury should be remanded due to lack of substantial compliance with previous remand directives and insufficient consideration of the Veteran's reported in-service treatment.

The Board has remanded the case due to insufficient medical records and need for a VA examination to determine if the Veteran has residuals of an in-service TBI, including a pituitary tumor and/or visual disturbances.

The Veteran's TBI residuals have been granted a maximum 100 percent disability rating throughout the period of the claim.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent from April 14, 2007 to December 18, 2008; in excess of 20 percent from December 19, 2008 to January 5, 2021 (to include since May 14, 2012); and in excess of 40 percent thereafter for a low back disability. The TBI claim is also remanded. Separate ratings are requested for the Veteran's TBI and specified trauma and stressor related disorder. The TDIU claim is also remanded.

Service connection for TBI and chronic headache disorder has been granted.,The Veteran's claim for service connection for sleep apnea is remanded due to the need for additional evidence.

The Board has determined that the Veteran's current cognitive impairments are not due to his service-connected TBI, but rather are related to his already established service-connected PTSD and MDD. Therefore, the claim for service connection for a TBI and its residuals is denied.

The Veteran's claim for a rating in excess of 40 percent for seizure disorder has been denied. The Board found that the evidence did not show an average of at least one major seizure in 4 months over the last year, or 9 to 10 minor seizures per week.,Fatigue and TBI secondary to seizure disorder were remanded due to inadequate examination reports.

The Board has granted service connection for the Veteran's TBI residuals, finding that these symptoms are related to his in-service head trauma.

The Veteran's lumbosacral strain, degenerative disc disease, and intravertebral disc syndrome in the lumbar spine are service-connected.,Patellofemoral pain syndrome in the left knee is also service-connected.

The Veteran's PTSD is related to an in-service military sexual trauma during his first period of active duty service. Service connection for PTSD has been granted.,Sleep apnea is presumed to have had its onset during basic training, which occurred within the initial year after service of the Veteran's first period of honorable active duty.

The Veteran's service-connected bilateral hand and foot, residuals of frostbite, conditions are being remanded for a new VA cold injury residuals examination to assess the current severity of his conditions.

The Veteran's service-connected TBI with PTSD, previously rated as post-concussional syndrome with cerebellar dysfunction, is now rated at 70 percent effective July 12, 2010. A separate 30 percent rating for a peripheral vestibular disorder associated with the service-connected TBI with PTSD is also granted.

The Veteran's service connection for a TBI and its residuals, as well as his increased rating for PTSD with unspecified depressive disorder to 70%, are granted. However, his request for a total disability due to individual unemployability (TDIU) rating remains denied.

The Veteran's appeal for a TDIU due to service-connected disabilities is denied, and the issue of rating PTSD in excess of 70 percent is remanded.

The Veteran's chronic adjustment disorder with TBI is rated at 30 percent prior to February 3, 2021 and at 50 percent beginning February 3, 2021.