Traumatic brain injury (TBI) decisions — 2022

The Board has determined that there is no new and relevant evidence to support readjudicating the claims for service connection for left little finger injury, low back disability, residuals of cold injury, frostbite of both feet, and neck disorder. The Veteran's assertions have been considered in previous decisions.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and opinions. The Veteran is seeking service connection for residuals of a traumatic brain injury, headaches, and metal embedded in his head, all allegedly related to an incident during service.

The Veteran's service-connected traumatic brain injury is being remanded for a new examination to assess the current severity of his condition.

The Veteran's claims for increased evaluations of his service-connected unspecified trauma and stressor related disorder with residuals of TBI, and sinus headaches are remanded due to the need for additional examinations.

The Board denied the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) as there was no evidence to support that he sustained a TBI in service.

The Board has granted service connection for left and right knee disorders, as well as a headache disorder. Service connection was denied for cervical spine, left elbow, and right elbow disorders, and traumatic brain injury (TBI).

The Veteran's TBI is rated at a 10 percent disability rating, which does not meet the criteria for an increased rating. The PTSD issue has been referred to the AOJ.

The Veteran's service-connected disabilities, including traumatic brain injury residuals, lumbosacral spine intervertebral disc syndrome with degenerative joint disease, PTSD, and other conditions, render him unable to secure or follow substantially gainful employment. The Board has also determined that the Veteran meets the criteria for basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35.

The Veteran's PTSD with MDD and TBI is rated at the maximum schedular rating available, and a higher rating for this condition is denied. The low back condition was previously rated at 20 percent prior to November 22, 2016, and now rated at 40 percent from that date forward.

The Veteran's TBI symptoms were rated at 40 percent from October 23, 2008 to February 20, 2021.,From February 21, 2021 to December 20, 2021, the Veteran's TBI rating was denied as it did not meet the criteria for a higher disability rating.

The Veteran's posttraumatic headaches began during active service and the Board has granted service connection for this condition. The right knee disability, residuals of TBI, and memory loss are remanded as there is insufficient evidence to determine their onset or relationship to service.

The Veteran's PTSD is rated at 50% effective from the date of claim, and his TBI residuals are granted a 40% rating. The seizure disorder was initially granted a 20% rating prior to November 13, 2019, and then reduced to 10% thereafter.

The Board has determined that additional VA examinations are necessary to properly assess the Veteran's claims for service connection for traumatic left eye injury and frostbite residuals of both feet. The current evidence is insufficient to make a determination on these issues.

The Veteran's appeal is remanded for further evaluation of his anxiety disorder and TBI, as well as clarification of his employment status. The Board finds pre-decisional duty to assist errors in the current rating decision.

The Board has determined that there were errors in the decision-making process and has ordered a remand for several issues, including obtaining private treatment records related to the Veteran's headache disability and TBI, as well as conducting necessary development for entitlement to a Total Disability Rating Due to Individual Unemployability (TDIU).

The Veteran's PTSD, PDD, AURD, and TBI have caused total occupational and social impairment for the entire initial rating period. The Board granted a 100 percent disability rating effective June 28, 2022.

The Board has determined that the Veteran does not have a current Traumatic Brain Injury (TBI) or any residuals thereof. The issues of service connection for vertigo, back disability, and related conditions are remanded due to the need for additional development.

The Board has remanded the cases for further development and consideration, including obtaining updated VA treatment records and an addendum medical opinion regarding the Veteran's diabetes mellitus type II.

The Board denied service connection for dizziness and vertigo, denied increased ratings for scar residual, right upper extremity sensory loss, and right-side facial sensory loss and numbness. The Veteran's unspecified sleep-wake disorder with traumatic brain injury (TBI) was granted a rating of 30 percent from April 26, 2017.

The Veteran's application to reopen the claim of service connection for post-concussion syndrome (TBI) is granted. The claims for service connection for TBI and headaches, secondary to TBI are remanded due to incomplete records and need for a new examination.