Traumatic brain injury (TBI) decisions — 2023

The Veteran's claims for increased ratings and an earlier effective date are remanded due to the need for a statement of the case.

The Veteran's appeal for service connection for right ear hearing loss has been dismissed due to his withdrawal. The Board has also remanded several other claims for further development and consideration.

The Board has remanded the Veteran's claims for service connection due to incomplete or missing service treatment records, and for additional development including VA examinations.

The Veteran's appeals for increased ratings for left and right foot frostbite residuals with neuropathy were dismissed because the issues had already been decided in the Legacy appeal system, which is where they were originally filed.

The Veteran's claims for higher ratings on multiple service-connected conditions, including right knee disorders, PTSD, migraines, and TBI with vertigo, are being remanded due to the need for additional medical records.

The Board has not made a determination on the service connection for chronic fatigue syndrome and fibromyalgia, as these issues are currently pending. The claim for traumatic brain injury is being remanded.,New evidence received since the January 2016 rating decision does not relate to unestablished facts necessary to substantiate the claims of service connection for CFS and fibromyalgia.

The Veteran's application to reopen the claim of entitlement to service connection for a keloid scar of the neck was granted. Service connection for this condition is also granted. The Board has remanded the issues regarding back and right foot disorders due to incomplete STRs.

The Veteran's service connection claims for dental treatment, chronic dental condition, residuals from traumatic brain injury (TBI), and upper extremity neuropathies were denied. The Veteran was granted service connection for dental treatment due to in-service trauma.

The Board has granted service connection for residuals of a traumatic brain injury, including headaches. The case is remanded for further development regarding the initial compensable ratings for hernia residuals and scar related to hernia surgery, as well as service connection for a bilateral foot disorder.

The Board has determined that the Veteran's appeals were improperly placed on the AMA Hearing Docket and should be re-docketed under the Legacy system. The Veteran is advised to file a VA Form 9 if he wishes to continue his appeal.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and procedural errors. The claims will be reconsidered with new examinations.

The Veteran's claims for service connection for TBI and for a total disability rating based on individual unemployability (TDIU) are being remanded due to the Veteran's failure to attend VA examinations. The RO is instructed to attempt scheduling telehealth examinations, obtain SSA records, and expand their search of in-service treatment records.

The Veteran is granted SMC at the (l) rate for regular aid and attendance due to TBI with PTSD, and SMC at the (t) rate for requiring institutional care. The Veteran's spouse provides regular aid and attendance.

The Veteran's PTSD is rated at 70 percent, which is the maximum schedular rating. The appeal for a higher rating is denied.,The Veteran's tension headaches are currently rated at 50 percent, and no higher rating is warranted under the current criteria.,The Veteran's TBI residuals with vertigo are currently rated at 10 percent. A remand is required to determine if a higher rating could be assigned based on the severity of the vertigo.

The Board has decided to remand the case due to a duty to assist error, specifically an inadequate examination. The Veteran's symptoms of TBI and his acquired psychiatric disorder need to be differentiated by a VA examiner.

The Veteran's initial compensable disability rating for bilateral hearing loss and service connection for a TBI, with residuals are both remanded due to the need for additional development of evidence.

The Board has granted a 10 percent rating for the Veteran's right great ingrown toenail. The remaining issues, including service connection for an acquired psychiatric disorder and other disabilities, are remanded due to new evidence.

The Veteran's PTSD with alcohol use disorder in sustained remission and residuals of TBI are granted at a 70 percent evaluation effective from January 23, 2023. The issue of entitlement to an increased evaluation for sinus headaches is denied. The Veteran is also granted TDIU prior to January 7, 2020.

The Board denied the Veteran's claims of service connection for a back condition, right knee condition, right shoulder condition (including as secondary to a back condition), and traumatic brain injury due to lack of current diagnoses in the medical record.