Traumatic brain injury (TBI) decisions — 2022

The Board has remanded the case due to insufficient evidence regarding the Veteran's claimed residuals of a head injury, including TBI and headache disorder. The VA examiner needs to provide an addendum opinion addressing whether these conditions are related to service.

The Board has denied the Veteran's claims for increased ratings and service connection for various conditions, including a neck disorder, headaches, traumatic brain injury (TBI), left elbow disorder, right elbow disorder, left knee disorder, and right knee disorder. The appeals are being remanded to schedule examinations for these issues.

The Board has determined that the Veteran's claims for headaches, TBI, and memory loss should be remanded due to inadequate medical opinions regarding their etiology. The claims are related as they all involve residuals of a fall from his bunk during service.

The Veteran's right knee condition is not rated higher than noncompensable due to limited extension, which does not meet the criteria for a compensable rating under Diagnostic Code 5261.,Sinusitis has been granted a 10% rating from January 15, 2020 onwards based on three or more non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting.

The Veteran's headaches, which are rated under Diagnostic Code 8100, have been found to be very frequent and prolonged, causing severe economic inadaptability. The Board has granted a disability rating of 50 percent for this condition.

The Board has granted service connection for an acquired psychiatric disorder resulting from a traumatic brain injury sustained during INACDUTRA. The Board also remanded the issues of left knee disability and right ear hearing loss disability.

The Veteran's TBI, vertigo, tinnitus, migraine headaches, and left knee disability are all remanded for further evaluation due to the need for additional medical opinions.

The Veteran's appeal has been dismissed due to their death, and the Board does not have jurisdiction to adjudicate the merits of this case.

The Veteran's initial and increased ratings for post-concussive headaches with dizziness have been denied, as the highest level of evaluation under the applicable diagnostic codes is 50 percent. The separate rating for Meniere's syndrome has also been denied.

The Veteran's migraine headaches, obstructive sleep apnea, low back disability, left lower extremity sciatica, and right lower extremity sciatica are all found to be service-connected. The traumatic brain injury residuals claim is denied.

The Veteran's stomach disability, headaches, and TBI residuals have been granted service connection.,A compensable rating for the head scar has not been met.

The Veteran's tinnitus is granted as service-connected, with the effective date being January 1, 2015.,Total disability based on individual unemployability (TDIU) from October 24, 2011 is granted. The effective date for TDIU is January 1, 2015.

The Veteran's service connection for residuals of a Traumatic Brain Injury (TBI) and its associated disabilities, including stroke, urinary incontinence, neurogenic bladder, seizures, hemiparesis, speech impairment, dysphagia, and erectile dysfunction, is granted with an effective date of November 26, 2008.

The Veteran's service connection claim for Traumatic Brain Injury (TBI) is denied as there is no current evidence of a TBI disability.

The Board denied the Veteran's claims for service connection for frostbite of the right ear, heart disability (including MVP), and depression due to lack of current disabilities related to these conditions.

The Board has remanded the Veteran's claims for neck disability, low back disability, acquired psychiatric disorder (including PTSD), and traumatic brain injury due to incomplete opinions from previous VA examiners. The claims are now pending with the AOJ.

The Board has determined that new and material evidence has been presented to reopen the claims for obstructive sleep apnea and traumatic brain injury. The cases are being remanded for further development.

The Veteran's current traumatic brain injury residuals are not attributable to his active military service, and have not been caused or aggravated by a service-connected disability.

The Veteran's claims for service connection for urinary incontinence and TBI residuals were denied as the evidence did not establish a direct relationship to service.

The Veteran's service connection claims for various conditions were denied as new and material evidence was not received to reopen the claims. The claim for hypertension is also denied.