Traumatic brain injury (TBI) decisions — 2022

The Board has decided to remand the case due to insufficient examination and opinion regarding the Veteran's claim for service connection for Traumatic Brain Injury (TBI). The Veteran is seeking a diagnosis of TBI and an opinion on whether his current symptoms are related to his in-service injuries. Additional VA examinations are needed.

The Board has determined that the claims for service connection for residuals of traumatic brain injury and tinnitus need to be remanded due to inadequate examination reports and conflicting evidence regarding the presence of a TBI.

The Board has denied service connection for a traumatic brain injury (TBI) and remanded the issue of service connection for an acquired psychiatric disorder, including PTSD, depressive disorder, and other trauma and stressor related disorders. The case is returned to the Board for further action.

The Veteran's claims for increased ratings for TBI with PTSD and for a TDIU are being remanded due to procedural errors in the rating period consideration. The appeals will be reconsidered from September 29, 2016 onwards.

The Board has denied service connection for TBI, headaches, and amblyopia with blurred vision. The cases are remanded for further development.

The Veteran's claim for service connection for PTSD, hearing loss, seizure disorder, and residuals of TBI was denied. The Board found that the evidence did not support a current diagnosis of PTSD or establish a link between any diagnosed conditions and active duty service.,There is no chronicity of hearing loss during service, and there is insufficient evidence to establish continuity of symptomatology post-service.

The Veteran's PTSD with TBI was rated at 50 percent prior to October 7, 2021 and granted a 70 percent rating thereafter. The Veteran also received a grant of TDIU effective September 2, 2020.,PTSD symptoms included anxiety, suspiciousness, chronic sleep impairment, mild memory loss, flattened affect, disturbances of motivation and mood.

The Veteran's nonservice-connected disabilities, including TBI and hypertrophic spondylosis, do not meet the criteria for non-service-connected disability pension benefits prior to January 3, 2015. The Veteran is also denied special monthly pension as he does not meet the need for regular aid and attendance or housebound requirements.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for residuals of traumatic brain injury (TBI). The case will be returned to the AOJ for further development.

The Veteran's claims for generalized joint pain, muscle pain, and respiratory conditions are denied as there is no current diagnosis of these conditions.,Frostbite residuals are remanded due to the need for further evaluation.

The Board denied the Veteran's claim for service connection for a traumatic brain injury (TBI) and any related residuals, finding that there is no current diagnosis of TBI or related residuals during the appeal period.

The Board has remanded the case due to a lack of records from Ochsner Medical Center, which may contain relevant treatment information for the Veteran's frostbite residuals. The AOJ is instructed to obtain these records and conduct any necessary development.

The appeal for a higher rating for TBI-related conditions and the awards of service connection for migraine headaches and Bell's Palsy secondary to TBI are dismissed. The effective dates for these awards cannot be earlier than August 27, 2012 due to finality of prior decisions. A TDIU is denied as there were no pre-August 27, 2012 service-connected disabilities. An effective date prior to August 27, 2012 for DEA benefits is also denied.

The Veteran's claim for service connection for TBI and associated headaches was denied as his reported symptoms were not supported by credible evidence, and there is no established continuity of symptomatology since service.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claims of entitlement to service connection for right knee disorder, left knee disorder, and residuals of traumatic brain injury.

The Board has dismissed several claims, including those for increased ratings and reopening of service connection claims. The application to restore a disability rating of 30 percent for migraines due to TBI is remanded.

The Board has denied earlier effective dates for the awards of service connection for TBI, PTSD, and headaches as they were not filed prior to March 20, 2009. The Veteran's claims are now remanded for further examination.

The Veteran's appeals for increased ratings for his right knee disability and TBI, as well as a claim for TDIU, are being remanded due to lack of substantial compliance with prior Board directives.

The Board has decided to remand the claims for service connection for a left orbital rim fracture and traumatic stress disorder (TBI) to include post-concussion syndrome due to incomplete records and need for further examination.

The Veteran's PTSD and TBI residuals are rated at 50 percent, effective from the date of the decision.,Prior to February 9, 2017, the Veteran's right knee osteoarthritis is rated at 10 percent.