Traumatic brain injury (TBI) decisions — 2022

The Board has remanded the case due to incomplete service personnel records, specifically regarding a line of duty determination for the Veteran's April 2003 motor vehicle accident. The Veteran served on active duty with the United States Navy from July 1999 to December 2003.

The Veteran's service-connected disabilities do not preclude him from obtaining or following substantially gainful employment, and the Board denies entitlement to a TDIU due to his service-connected residuals of frostbite with degenerative changes of the lower extremities.

The Board has vacated the portion of its September 23, 2021 decision that denied an increased rating for TBI and has remanded the case to determine if the Veteran's depression is a residual/complication of his service-connected TBI.

The Board has granted service connection for Traumatic Brain Injury (TBI) due to the Veteran's in-service head injury, resolving reasonable doubt in favor of the Veteran.

The Veteran's appeal for a rating in excess of 10 percent for traumatic brain injury prior to February 15, 2014 was denied as the evidence did not show any manifestations worse than level 1 impairment.,The Veteran's appeal for a compensable rating for erectile dysfunction was denied because he already had a compensable rating based on loss of use of a creative organ.

The Board denied a separate evaluation for TBI as the symptoms of PTSD and TBI are so intertwined that they cannot be clearly separated.

The Veteran's appeals for higher ratings for his service-connected Posttraumatic Ocular Headaches and Migraine Headaches, BPPV, and TBI were denied. The maximum rating of 50 percent for the headache disorder was not granted from February 22, 2018 onwards. A separate compensable rating for TBI under Diagnostic Code 8045 was also denied.

The Veteran's claims for service connection for an acquired psychiatric disorder, including PTSD; residuals of a traumatic brain injury (TBI); right knee disability; and tinnitus have all been denied.,There is no evidence linking the claimed conditions to service or any in-service stressors.

The Veteran's claims for service connection for TBI and facial burn scars have been denied as there is no current evidence of these conditions.,The Veteran's claims for increased ratings for peripheral neuropathy and diabetes, and for service connection for a headache condition and eye disability are remanded for further development.

The Veteran's claims for a compensable rating for left toe fractures and service connection for TBI were denied. The Board found that the evidence did not support higher ratings or service connection due to lack of sufficient symptoms meeting criteria for moderate or moderately severe foot injuries, and insufficient evidence linking TBI to service.

The Board has remanded the claims of service connection for Creutzfeld-Jakob Disease (CJD) and Traumatic Brain Injury (TBI). The Veteran's symptoms are related to his TBI, which is not related to service. A new VA opinion is needed to determine if the Veteran had a preexisting TBI that was aggravated by service.

The Board has dismissed the appeals for lumbar strain, TBI, anxiety disorder, degenerative joint disease of the knees, diabetes mellitus, hypertension, and mood disorder. The PTSD appeal is remanded due to lack of verification of a reported in-service stressor involving rape.

The Veteran's head injury and TBI are found to be less likely as not related to his active service, but more likely preexisted his second period of service. The Board has determined that further development is needed for a complete medical opinion.

The Veteran's residuals of traumatic brain injury are rated at a 40 percent evaluation effective April 11, 2017. The rating is based on mild impairment in memory and attention.

The Veteran's appeal is remanded for further evaluation and rating of various conditions, including TBI, PTSD, major depressive disorder, and shin splints. Service connection remains on the merits.

The Veteran's appeal for a temporary total evaluation of 100 percent based on surgical or other treatment necessitating convalescence for atrial fibrillation is dismissed. The issue of service connection for irritable bowel syndrome is also dismissed. New and material evidence has been received to reopen the claim for TBI disability, which is now reopened. An effective date of May 23, 2013, but no earlier, is granted for a 100 percent rating for PTSD. The Veteran's request for a total disability rating based on individual employability (TDIU) due to need for regular aid and attendance is granted.

The Board has remanded the Veteran's claims for service connection for TBI, including headaches and seizures residuals, due to inadequate compliance with previous remand directives. The SMC claim is also being remanded as it is inextricably intertwined with the TBI claim.

The Board dismissed the appeal regarding service connection for a Traumatic Brain Injury as moot due to the absence of a controversy. The claim for service connection for a Chronic Respiratory Disorder was denied.

Service connection is granted for a left elbow disability and consequent left elbow and forearm scar.,Service connection is denied for an acquired psychiatric disorder, TBI, left upper extremity radiculopathy, lumbar spine disability, or cervical spine disability.

The Board has remanded the claims for service connection due to incomplete records and need for further medical examination. The Veteran's TBI, sleep disorder, and psychiatric disorder are all inextricably intertwined with other pending claims.