Traumatic brain injury (TBI) decisions — 2023

The Veteran's claim for service connection for lumbosacral strain is granted. The Board found that the evidence was approximately evenly balanced as to whether the Veteran's back disability is related to his active duty service.,Service connection for bilateral hearing loss is denied because the Veteran does not have a current bilateral hearing loss disability for VA purposes.

The Board has determined that the Veteran does not have a current disability for service connection purposes, and therefore, his claims for bilateral hearing loss, left ankle disability, right ankle disability, TBI, migraine headaches, and psychiatric disorder are denied.

The Veteran's neck disability is granted as service-connected, with a grant of the maximum rating (100%) effective from December 30, 2019.,For the period prior to December 30, 2019, his TBI and PTSD are rated at 100%.

The Veteran's adjustment disorder with mixed anxiety and depressed mood to include traumatic brain injury was granted an initial rating of 70 percent. The Veteran's primary headaches were denied a compensable rating.

The Veteran's appeal of the denial of a compensable rating for residual scarring and HPV infection has been withdrawn.,The claim for an evaluation greater than 10 percent prior to January 29, 2021, for PTSD is remanded due to insufficient evidence of occupational and social impairment.

The Board has granted the Veteran's requests to reopen his claims for service connection for PTSD, anxiety, and MDD (now psychiatric disorder), and for a head injury/TBI. The cases are remanded for further development.

The Veteran's cervical spine disability is granted a 20 percent rating prior to July 16, 2020 and denied for ratings in excess of 20 percent thereafter. Other issues are remanded for further evaluation.

The Veteran's claim for service connection for OSA secondary to his service-connected PTSD, depressive disorder, and TBI is remanded due to inadequate medical opinions regarding the relationship between these conditions.

The Veteran's TBI, including hemorrhage of the right cerebral hemisphere, is rated at 10 percent and denied an increased rating.,An initial 30 percent rating for traumatic deviated septum with chronic sinusitis and right maxillary sinus retention cyst was granted effective prior to March 4, 2022. The Veteran's migraine headaches are also rated at 30 percent from January 31, 2020.

The Veteran's TBI rating was reduced from 40 percent to noncompensable, and the Board is remanding this issue for further action.

The appeal to reopen a claim of service connection for PTSD is denied. The claims for increased ratings for back and right-knee disabilities, as well as the claim for service connection for acquired psychiatric disorder (other than PTSD) and residuals of TBI are all remanded.

The Board denied the Veteran's claims for service connection for a traumatic brain injury and an acquired psychiatric disability, finding that there was no current diagnosis of TBI or evidence of in-service trauma. The decision also noted that the Veteran did not seek medical treatment after experiencing symptoms related to decompression syndrome during diving exercises.

The Veteran's appeal for increased ratings and service connection has been decided. The rating for dry skin syndrome - dermatoheliosis and actinic keratosis remains at 10 percent, while the issues of service connection for cervical strain (neck disability), traumatic brain injury, headache, left TMJ, right ear otalgia, hearing loss, and tinnitus have all been addressed.

The Veteran's headache disability is granted service connection as a chronic condition that started during his active service. However, the Veteran's TBI residuals are denied as there is no current diagnosis of such and the symptoms he reports are more likely related to other causes.

The Board has decided to remand the claims for service connection for back disorder, bilateral foot disorder, left knee disorder, right knee disorder, headache disorder, and traumatic brain injury due to new evidence received after previous decisions.

The Veteran's TBI is rated as noncompensable, with no impairment in any facet of cognitive impairment or other residuals.,The Veteran's asthma does not meet the criteria for a compensable rating under Diagnostic Code 6602.

The Veteran's appeal involves multiple issues, including service connection for various conditions and rating claims. The Board has determined that further examination and/or medical opinions are needed to address these matters.

The Board has remanded the cases of increased ratings for GERD and TBI due to new evidence, including VA examinations in October and November 2023. The Veteran's representative requested information about the examiners who performed these exams, and a remand is needed to allow for this information to be provided.

The Veteran's claim for an increased rating for his service-connected TBI with migraine headaches is being remanded due to the need for a new VA examination to determine if he has any diagnosed psychiatric disorders and whether these are related to service. The examiner must also assess if there is overlap between the TBI residuals and his headache disability.

The Veteran's service-connected disabilities, including traumatic brain injury and neurocognitive disorder with major depressive disorder, rendered him incapable of securing and following substantially gainful employment from February 22, 2023.