Traumatic brain injury (TBI) decisions — 2022

The Board has denied DIC benefits for the cause of the Veteran's death, finding that there is no evidence to support a relationship between his TBI, PTSD, and alcohol abuse conditions and his military service. The Board also found no causal connection between his service-connected residuals, fracture, left thumb condition and his untimely death.

The Board has granted the Veteran's appeals to reopen service connection for obstructive sleep apnea and TBI, but denied service connection for right and left ankle disorders.,Service connection was not established for any of the conditions due to lack of evidence showing a nexus to service.

The Board has denied the Veteran's claim for service connection for a traumatic brain injury due to lack of current diagnosis and insufficient evidence linking any diagnosed condition to military service.

The Board denied the Veteran's claim for service connection for residuals of head injury, to include TBI and headaches due to a lack of evidence showing that these conditions were incurred during active service or caused by an event, injury, or disease occurring in active service.

The Veteran's initial rating for TBI residuals prior to May 7, 2018 was denied as his condition did not meet the criteria for a higher than 10 percent rating.,For PTSD with residuals of TBI from May 7, 2018, the Veteran's claim is remanded due to insufficient evidence provided by the AOJ.

The Veteran's service-connected disabilities, including unspecified depressive disorder, lumbar strain with IVDS, right knee PFPS, tinnitus, and residuals of TBI, meet the threshold minimum rating requirements for a total disability rating based on individual unemployability (TDIU). The Board granted this claim as it is just as likely as not that these conditions preclude the Veteran from obtaining and maintaining substantially gainful employment.

The Veteran's asthma, TMJ dysfunction, right knee patellofemoral pain syndrome, and residuals of traumatic brain injury are all granted on a presumptive basis due to exposure to particulate matter during service in Southwest Asia.

The Board denied a rating in excess of 40 percent for diabetes mellitus and denied service connection for traumatic brain injury. The Veteran's diabetes was not found to have caused his TBI, as the evidence did not show hypoglycemic episodes resulting from his diabetes at the time of the accident.

The Board has granted service connection for post-traumatic stress disorder, depression, and traumatic brain injury all related to an in-service personal assault.

The Veteran's PTSD, TBI, and headaches have been granted increased ratings to 50 percent each. The highest schedular rating available for these conditions is 50 percent.

The Veteran's claims for increased ratings for TBI, seizure disorder, and PTSD are being remanded due to the need for additional development of his medical records.

The Board denied service connection for TBI due to the appellant's discharge from active duty under other than honorable conditions, as his character of discharge is a bar to compensation.

The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to the need for additional medical opinions regarding whether his acquired psychiatric disorder, TBI, gastrointestinal disability, right shoulder disability, left shoulder disability, bilateral lower extremity disability, and back disability were caused or aggravated by VA care.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment consistent with his educational and occupational background.

The Veteran's TBI residuals include mild impairment of memory, attention, concentration, or executive functions resulting in mild functional impairment. The Veteran also has service-connected PTSD which prevented him from obtaining and maintaining employment consistent with his occupational experience prior to September 18, 2012.

The Board denied the Veteran's claims of service connection for tuberculosis, residuals of a traumatic brain injury (TBI), and low back disability due to lack of evidence linking these conditions to his military service.

The Board has decided to remand the Veteran's claim for service connection of residuals of a traumatic brain injury due to an in-service motor vehicle accident. The case is being returned for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board has decided to remand the case due to the need for a VA examination regarding the Veteran's reported Traumatic Brain Injury (TBI). The examiner will determine if the TBI is at least as likely as not related to service, including exposure to explosions in Iraq.

The Veteran's post-traumatic headaches are granted a disability rating of 30 percent, while the TBI remains at 10 percent.

The Veteran's PTSD with TBI is rated at 70 percent, effective March 2010. The rating for the right foot/ankle disability remains at 30 percent. A separate 20 percent rating was granted for limitation of motion of the right ankle from September 8, 2020 to December 15, 2020.