Traumatic brain injury (TBI) decisions — 2023

The Veteran's claims for service connection for various conditions, including PTSD, depressive disorder, TBI, and related disabilities, were denied as there is no evidence of a current diagnosis or link to service.

The Board has determined that the Veteran's residuals of a TBI, including blurred vision, headaches, fatigue, and sleeplessness, are service-connected as they are at least as likely as not related to his in-service head injury.

The Veteran's appeal for reducing his PTSD, major depressive disorder, and traumatic brain injury rating from 100% to 50% has been dismissed because he withdrew his appeal before the decision was made.

The Veteran's claim for service connection for right ear hearing loss is denied as he does not have a current disability.,For lumbosacral strain, the rating higher than 20 percent is denied. The Veteran has symptoms of pain and limited range of motion but no ankylosis or incapacitating episodes.,PTSD was rated at 30% prior to January 20, 2023, and at 50% thereafter. The claim for a higher rating is denied as the evidence does not show occupational and social impairment with reduced reliability and productivity.,The Veteran's residuals of TBI have been compensated by separate ratings and do not warrant an additional rating.

The Board has ordered the remand of several issues related to the Veteran's service-connected anxiety disorder and TBI, including a request for higher disability evaluations and consideration of a total disability rating based on individual unemployability. The remand also includes requests for additional VA treatment records and an examination to assess the severity of the Veteran's conditions.

The Veteran's claims for increased ratings were denied. The erectile dysfunction with penile implant, TBI residuals with headaches, and degenerative joint disease of the lumbar spine are all rated at their maximum levels.

The Veteran's claim for service connection for PTSD is granted with an effective date of May 2, 2014. The Board found that the Veteran's PTSD was inferred from his initial claim for residuals of TBI.

The Board has decided to remand the case due to insufficient rationale provided by the VA examiner regarding the relationship between the Veteran's sleep apnea and his service-connected TBI with chronic headaches or PTSD with depressive, anxious, and psychotic features. The AOJ is instructed to obtain a new medical opinion addressing these issues.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the current issues on the appeal, including a VA examination for TBI and contemporaneous examinations for other disabilities.

The Veteran's bilateral hearing loss and tinnitus were granted service connection. Service connection for TBI was denied.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran has a diagnosed TBI and its relationship to service. A new examination with a qualified neurologist is needed.

The Veteran's service-connected disabilities did not render him unable to secure and maintain substantially gainful employment, as he was employed full-time in a protected work environment.

The Board has granted service connection for benign paroxysmal positional vertigo (BPPV) as secondary to service-connected migraines headaches. The Veteran's residuals of traumatic brain injury (TBI) are rated at 70 percent from January 12, 2016.

The Veteran's tinnitus and sleep apnea are granted as service connected. The remaining issues of right shoulder, low back, neck, left knee, costochondritis, and residuals of a traumatic brain injury (TBI) are remanded for further development.

The Veteran's appeals for various conditions and issues have been withdrawn or remanded. The right knee disability claim has been reopened, but service connection is not granted. Sleep apnea secondary to PTSD is granted. Bilateral hearing loss requires a VA examination. A higher evaluation for PTSD is required. Headaches need an addendum opinion. Chronic rhinosinusitis needs a VA examination and etiological opinion. Right knee condition also requires a VA examination.

The Board has remanded the case for a VA examination to determine if the Veteran's TBI is related to military service, including as a result of boxing. The decision on sleep apnea remains denied.

The Veteran's appeal is remanded due to the need for additional treatment records and a more up-to-date VA examination to determine the severity of his TBI.

The Veteran's right shoulder disability, bilateral hearing loss, tension headaches, PTSD with alcohol use disorder and TBI residuals, left sciatic radicular pain, and right sciatic radicular pain are all denied. The Veteran is granted service connection for left and right sciatic radicular pain.

The Board has granted earlier effective dates of May 11, 2013 for the awards of service connection for various conditions including PTSD and major depressive disorder with TBI residuals, migraine headaches, left knee osteoarthritis with chondromalacia patella, right knee osteoarthritis with chondromalacia patella, thoracolumbar spine degenerative disc disease, tinnitus, and scars of the bilateral knees, left calf (other impairment).

The Board has decided to remand the Veteran's claims for further development due to incomplete medical records and insufficient evidence regarding the nature and etiology of her claimed disabilities.