Traumatic brain injury (TBI) decisions — 2023

The Veteran's claims for service connection for abnormal gait, vertigo, TBI residuals, right knee disorder, and tension headaches have all been denied. The Board found that the evidence did not support a finding of current disabilities or a link to service.,Specifically, the Board determined that an abnormal gait is not a compensable disability, vertigo was not diagnosed, there were no TBI residuals, the right knee disorder did not arise in service, and tension headaches were due to allergic rhinitis.

The Veteran withdrew his appeals for all issues related to PTSD, left knee injury, diabetes, bilateral cataracts, hearing loss, COPD, pneumonia, skin condition, and TBI. The appeal is dismissed without prejudice.

The Veteran's service connection claim for the residuals of a traumatic brain injury (TBI) is granted as his symptoms are related to an in-service head trauma.

The Board has granted the appeal regarding the timeliness of the substantive appeal to the June 2015 rating decision finding the Veteran sane at the time of service separation. The issue of the Veteran's sanity at the time of service will be addressed in a separate Board Legacy decision.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claim for service connection for a right great toe disability. The issues of service connection for lower back disability, peripheral neuropathy of the left lower extremity, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right upper extremity, asbestosis, gastroesophageal reflux disease (GERD), and traumatic brain injury (TBI) are also being remanded for further development.

The Veteran's need for regular assistance of another person with very basic necessities of his daily living has been established, leading to the grant of special monthly compensation based on aid and attendance.

The Board has determined that there is sufficient new and relevant evidence to readjudicate the claims for service connection for left wrist CTS, TBI, right middle cerebral artery aneurysm, status post clipping, CVA, left spastic hemiparesis, left arm spasms, headaches, and incontinence. The claims are being remanded due to the need for further development.

The Veteran's TBI resulted in neurobehavioral symptoms that interfered with workplace and social interaction, warranting a 70% disability rating from September 27, 2017 to May 4, 2021.,For the entire appeal period, the Veteran is granted a separate 30% disability rating for vertigo.

The Board dismissed the Veteran's claims of service connection for residuals of frostbite, hypertension, obstructive sleep apnea, and restless leg syndrome due to a lack of proper claimant status.

The Veteran's claims for bilateral hearing loss, TBI, left ankle disability, and PTSD have all been denied as there is no persuasive evidence of current disabilities or a causal relationship to service.,Service connection has not been established for any of the conditions listed.

The Board has granted the Veteran's request to reopen his claim for service connection for seizures and remanded the issues of service connection for TBI and an acquired psychiatric disorder. The claims are inextricably intertwined with the seizure claim.

The Veteran's increased rating claims for vertigo, brain hemorrhage with residual headache associated with TBI, and residuals of TBI have been denied. The Board found that the evidence did not support a higher than 10 percent rating for any condition.,Specifically, the Board determined that the Veteran’s symptoms were more consistent with occasional dizziness rather than staggering or other forms of impairment.

The Veteran's claims for service connection for TBI and anxiety to include depressive disorder were granted, but the effective dates are set at March 19, 2012. The appeal is denied as there is no evidence of an earlier effective date prior to this date.

The Veteran's major depressive disorder with TBI was granted a 70 percent evaluation prior to December 27, 2019. However, an evaluation in excess of 70 percent for this condition since that date is denied.

The Veteran's TDIU and eligibility for DEA benefits are granted effective July 20, 2015. The earlier effective dates of August 11, 2016, previously awarded by the Board, are vacated.

The Veteran's claims for service connection for TBI residuals, migraine headaches, PTSD with depression, and pansinusitis including headaches have been granted. The Veteran is also awarded a 50% rating for his pansinusitis condition since September 16, 2014.

The Veteran's bilateral hearing loss was manifested by hearing acuity of no worse than Level I in the right ear and no worse than Level III in the left ear. The claim for a compensable evaluation for bilateral hearing loss is denied.,The Veteran should be provided with a VA examination to determine if he currently has a TBI, and whether his other claimed disabilities are secondary to it. His current headaches may also be related to service, including his claimed head injuries and exposure to cannon and howitzer fire.,A VA examiner should provide an opinion on the relationship between the Veteran's sleep apnea and PTSD.,The Veteran's detached retina is remanded for further evaluation as a secondary condition to TBI.,The Veteran's left middle trigger/locked finger, right middle trigger/locked finger, left ring trigger finger, and right ring trigger finger are all remanded for further evaluation as secondary conditions to TBI.,The Veteran's sleep apnea is remanded for further evaluation as a secondary condition to PTSD.

The Board dismissed the appeals for service connection for a head injury/TBI, increased ratings for migraine headaches and PTSD/ADHD, and a petition to reopen left shoulder disability.

The Board has remanded the cases due to unclear consideration of relevant service treatment records in the November 2018 rating decision, and for reconsideration based on all evidence of record.

The Board has remanded the Veteran's claims for service connection for residuals of traumatic brain injury (TBI), to include neurocognitive disorder and headaches, due to conflicting VA opinions and lack of clear evidence regarding TBI exposure. The case is returned for further review.