Traumatic brain injury (TBI) decisions — 2023

The Veteran's TBI residuals are rated at a 40 percent rating, effective May 29, 2021. The appeal is granted for this period.

The Board has dismissed all claims related to service connection and rating determinations for various conditions, including loss of smell, migraine disability, left foot pes planus, PTSD with TBI, respiratory disability, popping of fingers, and back disability. The Veteran did not have a diagnosed back disability during the appeal period.

The Veteran's service connection for residuals of traumatic brain injury and increased rating for right shoulder disability are granted. The right shoulder disability is rated at 30 percent from August 22, 2018.

The Veteran's appeal for service connection for left hip disability and increased rating for a scar of the left upper extremity has been withdrawn.,Service connection for sinus condition, OSA, and acquired mental health condition including PTSD have been denied. The Veteran is granted an increased rating for bilateral hearing loss but not higher than 50 percent for his acquired mental health condition.,The Veteran's right knee and left knee scars are rated at 20 percent each, with no higher ratings due to lack of chronic residuals. Service connection for heart condition, erectile dysfunction, skin condition (trichophytosis/eczema/fungus), and TDIU is remanded.,Service connection for a heart condition, erectile dysfunction, skin condition, left shoulder rotator cuff tear, right shoulder degenerative arthritis and tear of subscapularis, and TDIU due to service-connected disabilities are also remanded.

The Veteran's service connection claim for residuals of a TBI, including headaches, tinnitus, and vertigo, is granted as the evidence supports that he suffered a TBI during service and continues to have related disabilities.

The Board has dismissed the Veteran's appeals regarding service connection for traumatic brain injury, cervical spine injury, thoracic spine injury (claimed as low back injury), headaches, right knee pain, and right hip condition due to their docketing under the AMA system. The claims continue to reside in the legacy system.

The Board has reopened the claims for service connection for bipolar disorder, PTSD, TBI, and DM due to new evidence received. The claims are now remanded for further development.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the appellant suffered a TBI during service and if his current symptoms are related to that injury.

The Board has determined that the appellant's claims for service connection for a TBI with neurocognitive disability and vertigo, as well as his claims for earlier effective dates for a PTSD rating and TDIU, are inextricably intertwined. These issues must be remanded to allow for further development.

The Veteran's PTSD and TBI were not granted increased disability ratings.,PTSD was denied for an initial rating in excess of 50 percent prior to November 12, 2021, and in excess of 70 percent thereafter.

The Veteran's TBI residuals are rated at a 70 percent disability rating since September 26, 2009.,The Veteran's migraine headaches are rated at a 50 percent disability rating since September 26, 2009.

The Veteran's appeals for service connection for GERD and a cardiovascular disability were dismissed due to withdrawal of the appeals.,Service connection was granted for tinnitus, sinusitis, PTSD, and migraine headaches, residual of TBI. Effective dates prior to July 16, 2018, are denied.

The Veteran's TBI disability rating was reduced from 10% to 0%, and the Board is remanding the case for a VA examination to assess the severity of his service-connected TBI.

The Board has decided to remand the claims for service connection due to issues with character of discharge and other medical conditions. The specific reasons will be addressed by the AOJ in their further review.

The Board has remanded the claims for service connection for various conditions due to the Veteran's failure to report for VA examinations. The issues of service connection are now pending and will be addressed by the AOJ.

The Veteran's appeals for TBI, multiple noncompensable disabilities, depression, and respiratory issues have been dismissed due to the death of the appellant.

The Board has determined that the Veteran sustained a Traumatic Brain Injury (TBI) during combat service in Afghanistan, and therefore grants service connection for TBI.

The Veteran's claim for an earlier effective date for a separate evaluation of Traumatic Brain Injury (TBI) is denied. The Board found that the criteria for such an earlier effective date are not met due to the revised Diagnostic Code 8045 becoming effective on October 23, 2008.

The Board has remanded the Veteran's claims for lumbar spondylosis, right knee disability, left knee disability, frostbite of the right foot and toes, and frostbite of the left foot and toes due to insufficient evidence regarding his periods of active duty service.

The Veteran's service-connected disabilities did not preclude him from securing and maintaining substantially gainful employment, as he possessed the educational background and experience to engage in such employment.