Traumatic brain injury (TBI) decisions — 2022

The Board denied service connection for traumatic brain injury and granted a 70 percent rating for posttraumatic stress disorder.

The Board has remanded several service connection claims due to the need for additional development, including obtaining missing service treatment records and providing VA examinations.

The Veteran's service-connected memory loss is granted as secondary to his service-connected TBI. The rating for his TBI was reduced, but the reduction is void ab initio and he is now rated at 70 percent effective October 13, 2021. His claim for a higher rating prior to August 16, 2019 and for TDIU prior to August 26, 2021 are both remanded.

The Veteran's PTSD with TBI is rated at 70 percent since September 17, 2015 and continues to be rated at 70 percent from April 1, 2016. The Board finds that the evidence does not support a higher rating for any portion of this period.

The Board has granted service connection for TBI and denied service connection for dental trauma (missing teeth) for compensation purposes. The decision also remanded the issues of service connection for bilateral hearing loss and bilateral vision loss, to include as secondary to service-connected TBI.

The Board has remanded the Veteran's claims for frostbite of the bilateral hands, left ear hearing loss, dislocated fingers, and scoliosis due to incomplete records and need for further examination.

The Board has remanded the cases for further development and evaluation due to outstanding Vet Center records, as well as an updated VA examination of the Veteran's service-connected acquired psychiatric disorder with TBI residuals.

The Board has decided to remand the case due to a lack of compliance with the remand instructions and an inadequate medical opinion regarding the Veteran's TBI claim.

The Veteran's claim for a rating in excess of 40 percent prior to August 31, 2020, for mild traumatic brain injury (TBI) is being remanded due to the need for a retrospective VA examination.

The Board denied the Veteran's petition to reopen his claim for service connection for cold injury residuals of the bilateral lower extremities, finding that no new and material evidence had been submitted since the September 2010 rating decision.

The Board has remanded the Veteran's claims for increased ratings for his left and right foot frostbite injuries, as well as his claim for a TDIU prior to May 19, 2021. The Veteran was requested to submit or authorize release of any relevant private treatment records related to these conditions.

The Board has granted service connection for sleep apnea. The cases of PTSD, brain carcinoma, and TBI are remanded due to the need for additional medical opinions.

The Veteran's TBI has been rated at 40 percent since August 31, 2021. The Board found the evidence to be evenly balanced as to whether his TBI symptoms meet or most closely approximate the criteria for a higher initial rating.

The Board has dismissed all appeals due to the appellant's request for withdrawal of his appeals.

The Board has granted service connection for residuals of traumatic brain injury, right lower extremity radiculopathy, and left lower extremity radiculopathy. Effective dates have been assigned for these conditions. The Veteran's claims for an acquired psychiatric disorder, higher initial ratings for RLE and LLE radiculopathy, and a TDIU are remanded.

The Veteran's claims for service connection for a right ankle condition and TBI are remanded due to the need for additional medical opinions.

The Veteran's appeals for increased ratings and service connection have been remanded due to the need for new examinations, identification of outstanding private treatment records, and consideration of additional diagnostic criteria.

The Board has determined that there have been substantial compliance issues with the previous remand directives and requires further development for the claims of service connection for hypertension, heart disability, and residuals of a traumatic brain injury.

The Veteran's TBI was found to have no worse than level '0' impairment in any of the relevant facets according to the Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified table, resulting in a denial of a compensable rating.

The Board has decided to remand the claims for residuals of traumatic brain injury and headaches due to incomplete compliance with a previous remand directive. The Veteran needs to be provided information about the qualifications of examiners who conducted examinations during the appeal period.