Traumatic brain injury (TBI) decisions — 2022

The Veteran's appeals for increased ratings and an earlier effective date have been remanded due to the need for additional development, including issuance of a Statement of the Case (SOC) and VA examinations.

The Veteran's TBI and occipital headaches are being remanded for further evaluation as the current opinions from VA examiners do not align with the Veteran's reported symptoms.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance of another person is denied as he failed to report for a necessary examination, which was required due to his service-connected PTSD and non-service-connected TBI.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a need for further examination. The issues include headaches, PTSD, brain aneurysm, TBI, balance disability, sleep apnea, bilateral hearing loss, dental disability, cervical spine disability, thoracolumbar spine disability, right wrist disability, left wrist disability, right thumb disability, left thumb disability, right knee disability, and left knee disability.

The Veteran's TBI and acquired psychiatric disorder are granted service connection. The cervical spine, lumbar spine, left ankle, and right ankle disorders are remanded for further examination.

The Veteran's claims for compensable evaluation of injury to the left ring finger, initial evaluation in excess of 30 percent for chronic post-traumatic headaches, migrainous phenotype, an initial evaluation in excess of 10 percent for residuals of a TBI, and an evaluation in excess of 20 percent for a left shoulder rotator cuff tear have all been dismissed.

The Board has denied the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) as there is no probative evidence of current TBI residuals.

The Board has remanded the claims for additional development due to missing service medical records, specifically separation examination reports. The Veteran's lay testimony and current symptoms are also considered.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current disability of the feet, and the claim was denied on the basis that there is no evidence of a chronic foot condition during service or since. For his anxiety disorder with TBI, the Board determined that the General Rating Formula for Mental Disorders (DC 9413) should be used, resulting in a 50% rating.

The Veteran's service-connected disabilities, including major depressive disorder (with TBI), chronic sinusitis, bilateral tinnitus, and allergic rhinitis, have rendered him unable to secure or maintain a substantially gainful occupation.

The Veteran's residuals of TBI did not produce functional impairment warranting a compensable evaluation over the entire period of appeal, resulting in a denial of an initial compensable rating.

Service connection for a cognitive disorder (post-concussive syndrome) is denied as the current condition is not causally related to service.,Service connection for TBI and its residuals are granted as they are caused by post-service motorcycle accidents, rather than in-service events.

The Veteran's TBI residuals are rated at 10 percent, the highest rating available under Diagnostic Code 8045. The Board found that a higher rating is not warranted as there were no findings consistent with a higher rating.

The Veteran's service-connected residuals of traumatic brain injury render him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to TDIU. The issue of an increased rating for his service-connected residuals of traumatic brain injury is remanded.

The Veteran's claim for an increased rating of TBI was denied. The earlier effective date for the 30 percent rating for migraines is granted, and service connection for a psychiatric condition secondary to TBI is granted. However, the claim for an earlier effective date for tinnitus remains pending.

The Veteran's claims for service connection for PTSD, bilateral knee disorder, right ankle disorder, left ankle disorder, and TBI have been granted.,Service connection for hepatitis C has been denied.

The Veteran's disability ratings for posttraumatic headaches and traumatic brain injury were restored to their original levels, effective September 1, 2015.

The Veteran's PTSD is currently rated at 70 percent, effective February 14, 2011. From December 10, 2010, the Veteran's migraines are rated at 30 percent.,From March 30, 2010, the Veteran's residuals of TBI are rated at 70 percent.

The Veteran's claim for an initial rating in excess of 70 percent for PTSD with residuals of a TBI has been denied. The evidence does not meet the criteria for a higher rating due to the severity of his symptoms, which are currently rated at 70 percent.

Additional evidence is needed to determine the Veteran's service connection claim for tinnitus. The Board requires that federal records and private treatment records be obtained.,The Veteran's acquired psychiatric disorder (including an eating disorder leading to obesity) may require a VA examination due to his reported sleep habits in service, but more information is needed from the medical records.,Insomnia needs further evaluation as there are no current VA examinations addressing this issue. The Board requires that private treatment records be obtained and a VA examination conducted.,The Veteran's chronic fatigue syndrome (CFS) may require a VA examination to determine if it is related to service, including his reported symptoms in service. More information from the medical records is needed.,A bilateral ankle disability needs further evaluation as there are no current VA examinations addressing this issue. The Board requires that private treatment records be obtained and a VA examination conducted.,The Veteran's low back disability may require a VA examination to determine if it is related to service, including his reported injury in service. More information from the medical records is needed.,Sciatica needs further evaluation as there are no current VA examinations addressing this issue. The Board requires that private treatment records be obtained and a VA examination conducted.,The Veteran's headache disability (including migraines) may require a VA examination to determine if it is related to service, including his reported symptoms in service. More information from the medical records is needed.,Residuals of traumatic brain injury (TBI) needs further evaluation as there are no current VA examinations addressing this issue. The Board requires that private treatment records be obtained and a VA examination conducted.