Traumatic brain injury (TBI) decisions — 2023

The Veteran's TBI with anxiety disorder, MDD, and unspecified personality disorder is currently rated at 70 percent. The Board has remanded the issues of service connection for a back disorder and vertigo due to insufficient evidence. A TDIU prior to September 29, 2012, remains on appeal.

The Board has determined that the Veteran's service-connected disabilities did not render him unable to secure and follow substantially gainful employment prior to February 1, 2020. Effective February 1, 2020, his service-connected disabilities rendered him unable to do so.

The Board has determined that additional evidence is needed to determine the current severity of the Veteran's back disability, rhinitis, and other conditions. The VA will attempt to obtain relevant private treatment records from WHC and Dr. S., as well as any outstanding VA treatment records. A new VA examination will be scheduled for these claims.

The Veteran's appeal is remanded due to the need for additional development, including obtaining a VA examination by an appropriate examiner and verifying the qualifications of the April 2023 VA TBI examiner.

The Veteran's TBI with cognitive impairment, including long-term memory deficits and difficulty remembering directions and people's names, is rated at a 70 percent disability level since August 10, 2015.

The Board has determined that the claims for increased ratings and service connection are inextricably intertwined with the TBI claim, so all three issues must be remanded. Additionally, a new examination is needed to assess the severity of the Veteran's dizziness and complete an Ear Conditions Questionnaire. An addendum opinion is also required regarding whether the Veteran's obstructive sleep apnea is aggravated by service-connected PTSD.

The Veteran's claims for service connection for fibromyalgia, effective date prior to September 30, 2013 for a 70 percent rating for PTSD with TBI, and compensable ratings for right and left lower extremity internal saphenous nerve reflex sympathetic dystrophy were denied. The claim for ratings in excess of 10 percent for right and left sciatic nerve reflex sympathetic dystrophy prior to January 25, 2018 and from that date was also denied.

The Veteran's major depressive disorder with TBI was granted an initial 70 percent rating effective January 31, 2017. The upper brachial plexus injury claim is dismissed.

The Veteran's back condition, LLE and RLE radiculopathy, and brain aneurysm have been granted service connection. The effective dates for these conditions are February 7, 2021.

The Veteran's appeals for compensation under 38 U.S.C. § 1151 and service connection are being remanded due to the need for additional development.,Specifically, the Board is requesting complete medical opinions with detailed rationales citing appropriate medical principles for each disability and prong of these claims.

The Veteran's PTSD and TBI symptoms do not meet the criteria for a rating in excess of 70 percent, as they do not cause total social and occupational impairment.

The Veteran's bilateral hearing loss has been rated as noncompensable, and the appeal is denied.,The Veteran's lumbar strain with lumbar muscle spasm requires additional development to determine if there are any functional limitations or flare-ups that affect his ability to work.,Service connection for left lower extremity neuropathy and right lower extremity neuropathy is remanded due to lack of evidence of peripheral neuropathy at the time of examination.,Service connection for dizziness and vertigo (secondary to service-connected traumatic brain injury) is remanded as there was no radiculopathy found during the lumbar spine examination.

The Board has remanded the claims for service connection for TBI, left middle finger disability, and left leg muscle disability due to additional development being required.

The Board has remanded several issues related to the Veteran's service connection claims, including PTSD, left ear hearing loss, foot conditions, cervical and lumbar spine conditions, sleep apnea, TBI, headaches, and seizures. The Veteran was not provided with a VA examination for his feet or headaches, and additional records are needed regarding an accident in Tennessee.

The Board denied the Veteran's claims for service connection for TBI, hypertension, right ear hearing loss, Meniere's disease, tinnitus, migraines, and neurocardiogenic syncope. The AOJ implemented this decision in a June 2023 rating decision.

The Board granted service connection for TBI and assigned a rating of 100% effective July 16, 2012. The Board also found that the Veteran's Meniere's disease, migraines, and neurocardiogenic syncope all stem from TBI and resulted in his inability to care for himself, granting SMC-T with an effective date of July 16, 2012.

The Veteran's claim for an increased disability rating in excess of 70 percent for PTSD with alcohol use disorder and TBI is being remanded due to the need for additional private treatment records.

The Board has denied service connection for stroke residuals, seizures, sleep apnea, and a traumatic brain injury (TBI) due to lack of evidence linking these conditions to the Veteran's active service. The claim for psychiatric disorder is remanded as there was an error in failing to provide a VA examination.

The Veteran's claims for service connection for various conditions were denied, and the Board found no basis to assign an earlier effective date.

The Board has granted service connection for dementia as secondary to diabetes mellitus, type II and for a traumatic brain injury (TBI) related to military service.