Traumatic brain injury (TBI) decisions — 2022

The Veteran withdrew his appeals for service connection for various conditions, including left knee condition, right knee condition, left ankle condition, right ankle condition, TBI, cerebellar ataxia, loss of equilibrium and balance due to radiation exposure, low immune system (claimed as other residuals from radiation exposure), irritable colon syndrome, and occasional headaches (claimed as other residuals of radiation exposure).

The Board has remanded the claim of service connection for residuals of bilateral foot frostbite due to inadequate opinion regarding continuity of symptoms.

The Veteran's claim for an earlier effective date for TDIU is denied as the earliest possible effective date is May 31, 2013 due to the lack of service-connected disabilities prior to that date.

The Veteran's claims for increased ratings of TBI and PTSD, as well as his claim for TDIU, were denied. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's appeals for increased ratings on various service-connected conditions have been denied. The Board found that the evidence did not support higher ratings for hearing loss, headaches, TBI, mandibular malunion with TMJ, septal fracture post rhinoplasty, left femur fracture residuals, and scar of the left femur.

The Board has determined that additional development is needed to address outstanding treatment records and obtain private medical records. The Veteran's claims for TBI residuals, vertigo, low back disability, shoulder disabilities, and heart disorder are also remanded for further examination and opinion.

The Veteran's TBI claim remains pending, and his fibromuscular dysplasia claim is remanded for further evaluation. The Board finds that there has not been substantial compliance with its May 2021 remand directives regarding the severity of the Veteran's TBI residuals.

The Veteran's TBI prior to March 22, 2021 does not warrant a higher than level 'zero' impairment.,After March 22, 2021, the Veteran's TBI symptoms do not meet the criteria for a rating in excess of 10 percent.,The Veteran's migraine headaches have not been manifested by characteristic prostrating attacks or severe economic inadaptability.,The evidence does not show that the Veteran's service-connected disabilities alone preclude him from obtaining or maintaining substantially gainful employment.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his alleged wartime experiences in North Korea and Vietnam. The AOJ is instructed to take appropriate steps to verify these events.

The Board has determined that the Veteran's hearing loss disability is not related to service, and therefore denied his claim for service connection. The remaining issues of right hip, back, and TBI disabilities are remanded for further examination and opinion.

The Board has remanded the cases for further development and examination, as there are insufficient medical records to establish service connection for some conditions.

The Veteran's service-connected TBI and unspecified neurocognitive disorder are granted with effective dates of September 19, 2008.

The Veteran's appeal for a higher initial rating for PTSD with TBI is denied. The Board found that the severity, frequency, and duration of his symptoms prior to March 27, 2020, did not meet the criteria for a 50 percent rating.

The Veteran's PTSD with traumatic brain injury and alcohol use disorder was rated at 70 percent prior to October 31, 2017. The Board found that the symptoms did not meet the criteria for a higher rating due to occupational and social impairment but not total impairment.

Service connection for PTSD is granted, while service connection for TBI and injuries to the right wrist and left elbow are denied. The appeal regarding these issues is considered 'granted' as it pertains to reopening of a previously denied claim.

The Board has denied service connection for TB due to lack of current disability evidence. The claims for left knee, lumbar spine, right ankle, and left ankle disabilities are remanded as the VA examiner's opinions were not sufficient.

The Board has determined that the Veteran's claim for service connection for residuals of a head injury to include a traumatic brain injury is remanded due to the need for additional medical examination and records.

The Veteran's claims for service connection, increased ratings, and TDIU have been remanded due to the need for additional examinations and consideration of his contentions.

The Veteran's claims for service connection for bilateral hearing loss and a compensable disability rating for TBI prior to October 15, 2020 were denied. From October 15, 2020, the Veteran was granted a separate disability rating of 10 percent for his TBI.

The Veteran's disability of residuals of TBI, PTSD with persistent depressive disorder, and mild neurocognitive disorder due to TBI has been granted an increased rating of 70 percent.