Traumatic brain injury (TBI) decisions — 2022

The Veteran's appeals for service connection and increased ratings have been dismissed due to his withdrawal of the claims. The Board has also remanded several issues including PTSD, thoracolumbar spine strain, right shoulder rotator cuff strain, right knee patellofemoral pain syndrome with Osgood Schlatter's disease, left knee patellofemoral pain syndrome with Osgood Schlatter's disease, and TDIU.

The Veteran's appeal is being remanded due to the need for additional medical examinations and development of his employment history.

The Veteran's service-connected disabilities have necessitated the need for regular aid and assistance of another individual, warranting special monthly compensation based on the need for regular aid and attendance. However, there is no evidence to support the claim for loss of use of a hand or foot.

The Veteran's claim for service connection for a TBI was reopened and granted. The initial rating for hemorrhoids remains denied, but the Veteran is now receiving an initial 10% rating effective from December 5, 2018.,Prior to December 6, 2011, the Veteran had a 20% rating for his hemorrhoids. From February 1, 2012 to December 4, 2018, he was denied any compensable ratings. After that period, he received an initial 10% rating.

The Board has denied the Veteran's claims for service connection for a traumatic brain injury, an acquired psychiatric disorder, and a sleep disorder (claimed as sleep apnea) due to lack of evidence supporting these conditions during his period of active duty or their relationship to his service-connected back disability.

The Board has decided that the Veteran's claim for service connection for residuals of traumatic brain injury (TBI) should be remanded due to outstanding records and a need for an addendum opinion.

The Board has granted service connection for bilateral hearing loss, tinnitus, and traumatic brain injury with any residuals, including headaches. The disabilities are found to be due to military noise exposure in Vietnam.

The Veteran's initial claim for a higher rating for PTSD prior to February 10, 2021 was denied as his symptoms did not meet the criteria for a 50 percent rating.,For the period from February 10, 2021 onwards, the Veteran's PTSD with TBI was also denied a higher rating as his symptoms were found to be consistent with those of a 70 percent rating.

The Veteran's head injury in the shower during service was not due to his own willful misconduct, and the appeal is granted. The case is remanded for a VA examination to determine if there are any chronic residuals from the documented head injury.

The Veteran's PTSD is granted with a 50% rating before December 16, 2014. The issue of service connection for TBI and the claim for TDIU are remanded.

The Board has remanded the Veteran's claim for a rating increase for PTSD with sleep problems and TBI to include cognitive disorder, as well as his TDIU claim due to lack of medical records from his incarceration period. The claims are now pending for further evaluation.

The Board has granted an initial rating of 70 percent for a TBI, effective November 2, 2020. The maximum schedular rating had not been assigned for the entire period on appeal.

The Veteran's claims for increased ratings for service-connected traumatic brain injury residuals are being remanded due to the need for additional development and consideration of new evidence.

The Veteran's claim for service connection for a mental health disorder, to include schizophrenia, is reopened. The claims for service connection for TBI and headaches are remanded due to the need for additional medical examinations.

The Board has remanded the case due to lack of substantial compliance with its prior remand directives and for obtaining an adequate opinion regarding the etiology of the Veteran's residuals of frostbite, including left-hand arthritis.

The Board has determined that the evidence does not support a finding of service connection for residuals of pneumonia, bilateral flat feet (pes planus), low back disorder, right and left knee disorders, acquired psychiatric disorder (PTSD), sleep apnea, residuals of traumatic brain injury (TBI), or headaches. The Veteran's claims are remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's PTSD, MDD, and unspecified neurocognitive disorder as a residual of TBI with a history of secondary alcohol use disorder results in total occupational and social impairment. The appeal is denied for an increased disability rating.

The Board denied the Veteran's requests for earlier effective dates for awards of service connection and SMC based on his claims for TBI, an acquired psychiatric disorder, Meniere's disease, hearing loss disability, and tinnitus. The earliest possible effective date assigned was October 14, 2009, for the grants of service connection for TBI and an acquired psychiatric disorder, and September 22, 2009, for the grants of service connection for Meniere's disease, hearing loss disability, and tinnitus.

The Veteran has withdrawn his appeal regarding the issue of service connection for a Traumatic Brain Injury (TBI). As a result, this issue is dismissed.

The Board has determined that the Veteran's claims for PTSD, insomnia secondary to PTSD, TBI, and degenerative arthritis of the cervical spine require additional development due to insufficient medical opinions regarding their etiology.