Traumatic brain injury (TBI) decisions — 2022

The Board has dismissed the appeals for service connection for various disabilities as both the appellant and his authorized representative requested a withdrawal of these appeals.

The Board has remanded the claim for service connection of TBI due to insufficient evidence linking it to service. Additional development is needed, including obtaining reserve service records and scheduling a VA examination.

The Veteran's claims for service connection are being remanded due to the need for a statement of the case on several issues, including those related to radiculopathy, frostbite, hearing loss, dizziness and vertigo, respiratory disability, right knee chondromalacia patella, gastric ulcer, chronic headaches, allergic rhinitis, cervical strain, and lumbar paravertebral myositis.

The Board has determined that there is no evidence of a current Traumatic Brain Injury (TBI) or its residuals, and thus service connection for TBI is denied. However, the Veteran's migraines have been found to be related to his active duty service.

The Veteran's service-connected disabilities (residuals of traumatic brain injury and posttraumatic stress disorder) are so severe that she requires regular aid and attendance, which has been established by medical evidence. She is unable to care for herself due to her conditions.

The Board has remanded the Veteran's claims for TBI, headaches, and gastrointestinal disabilities other than GERD due to insufficient evaluations from previous VA examinations. The Veteran will need new examinations to assess his current disability levels.

The Veteran is not entitled to SMC at a rate intermediate between SMC(l) and SMC(m) (SMC(p)) because he does not have an additional disability rated as 50 or 100 percent disabling.,The Veteran's claim for higher level of SMC, claimed as entitlement to SMC(t), is denied due to the lack of evidence showing that he requires a 'higher level of care' than what is required for regular aid and attendance.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his claimed conditions. The issues include TBI residuals, a headache disability, back disability, left knee disability, and erectile dysfunction.

Your claim of service connection for an acquired psychiatric disorder has been dismissed as the VA RO granted you service connection for PTSD, which is considered a full grant of your benefit.

The Board has remanded the claims for an initial compensable rating for TBI and service connection for a bilateral hearing loss disability due to lack of substantial compliance with development requests.

The Board has remanded the case due to incomplete information provided by the Veteran for obtaining his private medical records. The claim will be reconsidered after this development.

The Board has remanded the case due to issues related to the Veteran's service-connected posttraumatic headache associated with traumatic brain injury. The remand includes obtaining VA and private treatment records, particularly from the Denver and Rapid City Vet Centers, and considering Special Monthly Compensation (SMC) if an earlier effective date is granted.

The Board has remanded the cases for further development regarding the Veteran's service connection claims, specifically his TBI and related conditions. The VA will verify the dates and types of the Veteran's service in the Army National Guard of Illinois and obtain his service treatment records from his first period of active duty service.

The Veteran's anxiety disorder is granted a separate 30 percent rating, while the TBI and migraine headaches remain at their current ratings.

The Board denied the Veteran's request for an effective date prior to April 10, 2018, for the award of special monthly compensation based on the need for regular aid and attendance. The decision found that no formal or informal claim was filed within one year before the receipt of his claim on April 20, 2018.

The Veteran's service-connected disabilities, including TBI with an acquired psychiatric disorder (PTSD, major depressive disorder, and generalized anxiety disorder), right knee instability, left knee instability, right lower extremity radiculopathy, right ankle instability, right ankle degenerative joint disease, left knee degenerative joint disease, lumbar spine degenerative disc disease with left neural foramina stenosis, right knee semilunar cartilage removal residuals, left knee semilunar cartilage removal residuals, appendectomy scar residuals (right arm and face), spider bites residuals (right arm and face), a right knee scar, a left knee scar, and tension headaches, have necessitated the need for regular aid and attendance of another individual. The Board has granted special monthly compensation based on this need.

The March 2022 Summary of the Case is voided as it inaccurately stated that the Veteran's net entitlement was $0.00 due to an offset, while the December 2021 Summary correctly identified the amount of past-due benefits awarded without reference to retired military pay.

The Veteran's service-connected residuals of traumatic brain injury have been denied for initial compensable ratings and higher ratings in multiple areas, including cognitive disorder, left upper extremity neuralgia, left lower extremity neuralgia, facial cranial nerve neuralgia, left hand tremors, and left knee disability.

The Veteran's appeal for a higher rating of PTSD with TBI and ADHD, currently rated as 50 percent disabling prior to January 16, 2018, and 70 percent thereafter, is remanded due to insufficient detail in the November 2016 VA examination. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is also remanded as it could significantly impact the decision on the higher rating for PTSD with TBI and ADHD.

The Veteran's appeal is being remanded due to the need for additional medical records and examinations. Specifically, there are concerns about the severity of his hearing loss, headaches, and TBI prior to June 16, 2022, and in excess of 40 percent thereafter.