Traumatic brain injury (TBI) decisions — 2023

The Veteran's initial claim for an initial compensable disability rating for residuals of TBI prior to February 20, 2023 was denied.,For the period from February 20, 2023 onwards, the Veteran's claim for a higher evaluation for residuals of TBI with adjustment disorder and depressed mood was also denied.

The Veteran's TBI residuals prior to April 3, 2009 were rated at 10 percent. From April 3, 2009 onwards, the rating was increased to 40 percent.

The Veteran's claims for service connection and initial ratings for frostbite of the upper and lower extremities, as well as hearing loss, have been granted. The effective dates are not specified.

The Board has remanded the cases for further development and to obtain medical opinions regarding the Appellant's mental health during his service, as well as whether he was insane at the time of discharge. The issues include character of discharge, reopening service connection claims, and service connection for various conditions.

The Board has determined that the Veteran does not have a current hearing loss disability for VA compensation purposes and therefore denied service connection for bilateral hearing loss. The claim for residuals of traumatic brain injury is remanded to obtain an addendum opinion from an appropriate clinician.

The Board denied service connection for dental injury with loss of teeth, TBI, and headaches due to lack of evidence of current disabilities during the pendency of the claim.,There is no established service connection for any of these conditions.

The Veteran's claims for service connection for TBI with headaches, infra patella nerve neuritis of the left leg, and left hip and thigh limitation of extension were denied as they are not supported by evidence showing that these conditions manifested within a year of his discharge from ACDUTRA. The effective dates for the grants of service connection have been assigned based on the date of receipt of claims.

The Board has denied the Veteran's claim for service connection for a traumatic brain injury (TBI) disability as there is no evidence of a current TBI disability.

The Veteran's PTSD with TBI was rated at 30 percent for the period from September 7, 2005, to June 17, 2020. The appeal is denied as his condition did not warrant a higher rating.

The Veteran's TBI is remanded due to a duty-to-assist error where the VA examiner did not address whether his bilateral hearing loss disability, tinnitus, sleep apnea, hypertension, unspecified neurocognitive disorder, cold intolerance and fatigue due to hyperthyroidism, Grave's disease, transient memory loss, nocturnal leg cramps, right upper extremity tingling and numbness, dizziness are related to his TBI. A retrospective opinion is needed.

The Veteran's appeal for an initial compensable rating for residuals of multiple rib fractures on the right side has been granted. The case is remanded for a VA examination to address TBI residuals, as the previous examinations were inadequate.

The Veteran's TBI residuals, including hydrocephalus, have been granted service connection based on a direct link to his in-service head injury.

The Veteran's claim for an earlier effective date for the rating of 40 percent for TBI with anxiety disorder is denied. The Board found that no earlier effective date was warranted as the first showing of the need for a combined rating was on the VA TBI examination conducted May 10, 2017.

The Board has granted effective dates of May 27, 2009 for service connection of TBI and April 16, 2014 for service connection of vertigo. The Veteran's claims were based on the residuals of head injuries sustained during active duty.

The Veteran's hypertension is granted as service-connected due to in-service exposure to herbicide agents. The claims for PTSD, sleep apnea, TBI, right foot disability, left foot disability, onychomycosis of the right great toe, tinea unguium of the left great toe and ingrown toenail of the left hallux, dental disability for compensation purposes, and vitamin D deficiency are denied as not service-connected.

The Veteran's TDIU claim is remanded due to inadequate medical evidence. The Board requires an addendum opinion to assess the functional impairment caused by his service-connected bilateral frostbite injury.

The Veteran's service-connected disabilities, including traumatic brain injury and related conditions, have resulted in a TDIU effective February 16, 2023.

The Veteran's claim for service connection for PTSD, bilateral hearing loss, GERD, epilepsy, traumatic brain injury, and tremors has been granted. The effective date for the grant of service connection for PTSD is set at May 4, 2012. A TDIU due solely to PTSD was granted as of May 1, 2022. Service connection for other conditions remains pending.

The Board has remanded the case due to a Joint Motion for Remand (JMR) issued by the Veteran's representative and the VA Office of the General Counsel. The JMR requested that the Board address the issue of SMC based on the need for regular aid and attendance, including evidence provided during the December 2021 hearing where the Veteran's spouse stated he cannot be around bodies of water without being reminded.

The Veteran's asthma is granted service connection under the PACT Act, while other conditions are remanded for further examination and opinion.