Traumatic brain injury (TBI) decisions — 2023

The Board denied service connection for Traumatic Brain Injury (TBI) and dismissed the claim for Posttraumatic Stress Disorder (PTSD), as both conditions were not found to be present or related to service.

The Board has granted service connection for TBI residuals, depressive disorder, diabetes mellitus type II, and kidney disease. The Veteran's conditions are linked to his exposure to contaminated water at Camp Lejeune.

The Veteran's PTSD and TBI were rated at 50 percent prior to June 11, 2020, and denied a higher rating. Since June 11, 2020, the Veteran was denied a rating in excess of 70 percent.

The Board has remanded three issues: service connection for residuals of a traumatic brain injury, irritable bowel syndrome, and a rectal disease. The Veteran's claims are pending due to the need for further examination and opinion regarding the nature and etiology of these conditions.

The Veteran's tinnitus is granted service connection. His CAD rating is restored to 60 percent effective November 1, 2016. The right and left shoulder disorders are remanded for further examination. Service connection for hearing loss in the left ear is denied. Service connection for stroke, balance disorder, and cognitive disorder (presumably due to TBI) remains on appeal.

The Board has reopened the previously denied claim for recognition of the Appellant as a Veteran, but the case is remanded to obtain additional medical records and conduct an examination to determine if the Appellant had a TBI during service.

The Veteran's service-connected TBI alone does not render him in need of regular aid and attendance, as the care provided by his wife is considered regular aid and attendance but not a higher level of care required for SMC(t).

The Veteran's claim for SMC(t) due to traumatic brain injury was granted in a previous rating decision, and the appeal is dismissed as the full benefits sought have been granted.

The Veteran's TBI residuals, including headaches, were granted a 70% disability rating effective July 23, 2019. The initial noncompensable rating was continued.

The Veteran's claims for increased ratings for right and left great toe frostbite residuals were denied. The Veteran is already in receipt of the highest schedular rating available under DC 7122, which covers cold injury residuals.

The Veteran's appeal for an increased rating for his service-connected traumatic brain injury (TBI) is remanded due to conflicting medical opinions and examination findings. The case will be returned for further clarification by a VA medical examiner.

The Board denied service connection for a scar secondary to a left hip knife wound, diabetes mellitus, back pain, right and left leg disabilities, falls (claimed as poor balance), residuals of traumatic brain injury prior to October 28, 2021, and TDIU prior to October 28, 2021.

The Board has remanded the Veteran's claims for service connection due to conflicting evidence regarding the onset and etiology of his claimed disabilities. Additional VA examinations are needed to determine if any current disabilities are related to service.

The Board denied the Veteran's claim for TDIU and SMC based on the need for aid and attendance of another person from July 9, 2009 to September 1, 2010 due to insufficient evidence showing that his service-connected disabilities made him unable to secure or follow substantially gainful employment.

The Veteran's TBI claim is granted with an effective date of September 8, 2006.,Her hepatitis C rating prior to July 6, 2010 remains denied. From July 6, 2010 onwards, her rating for hepatitis C is also denied.,Both the TBI and hepatitis C claims are remanded for further review.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the etiology of any right arm neurological disability associated with his service-connected Dupuytren's nodule.

The Veteran's service-connected post-traumatic headaches were denied a rating in excess of 10 percent prior to May 15, 2023 and from May 15, 2023 onwards.,The Veteran's service-connected PTSD with TBI was granted an initial disability rating of 50 percent prior to July 29, 2023 but denied a higher rating thereafter.

The Veteran's appeal is remanded due to insufficient evidence regarding the nature and severity of his service-connected TBI, as well as potential overlap between his TBI, PTSD, and dementia.

The Board has remanded the Veteran's claims for meningitis, tendinitis of bilateral wrists, TBI, and migraine headaches due to a duty-to-assist error in obtaining his service treatment records.

The Veteran's claim for a higher rating for his service-connected unspecified trauma-stressor related disorder with traumatic brain injury was denied. The Board found that the evidence did not meet the criteria for a higher rating, and thus denied the claim. Service connection for bilateral hearing loss was remanded.