Traumatic brain injury (TBI) decisions — 2023

The Veteran's claims for increased ratings for TBI, acquired psychiatric disorder, and headache disability are being remanded due to the need for further development of evidence.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions provided in previous examinations and evaluations. The issues include psychiatric disability, sleep apnea, headaches (including as a residual of TBI), digestive disability, and respiratory disability.

The Veteran's PTSD is rated at 70 percent, effective September 19, 2018. The decision grants the higher rating for PTSD and denies the separate TBI rating.

The Veteran's service-connected disabilities do not preclude substantially gainful employment consistent with his education and work experience.

The Veteran is granted effective dates of June 26, 2020 for SMC at the (m) rate based on loss of use of both hands and entitlement to a certificate of eligibility for an automobile or other conveyance and adaptive equipment. These benefits are not retroactive before this date.

The Board restored a 30 percent evaluation for the Veteran's service-connected migraine headaches, effective October 1, 2019. The reduction from 30 to 0 percent was found improper due to insufficient evidence of improvement in the Veteran's ability to function under ordinary conditions.

The Board has granted the readjudication of the claims for service connection for Traumatic Brain Injury and Headaches as a result of TBI, finding that new evidence supports these claims.

The Veteran's claims for service connection for TBI and TMD were denied as there was no claim filed prior to July 15, 2010. The disabilities had already arisen by that time due to a fall during service in April 1987.

The Veteran's claim for service connection for bilateral hearing loss has been reopened and is granted. The VA examiner found that the Veteran's current disability raises a reasonable possibility of substantiating his claim.,The Veteran's claims for increased ratings for low back pain, PTSD, TBI with headaches and numbness of upper and lower extremities are remanded as there are no recent medical records to assess the severity of these conditions.,The Veteran's claims for service connection for right hip pain, eczema, and muscle/joint pain due to an undiagnosed illness are remanded as VA opinions are inadequate. Further development is needed to determine if his disabilities qualify under presumptive provisions or if they are related to service.,The Veteran's claim for service connection for right hip pain is remanded as the VA opinion of record was inadequate and did not address direct service connection, aggravation prong of secondary service connection, or provide a rationale based on medical literature.

The Veteran withdrew his appeals on all issues related to service connection and increased ratings for various disabilities. The appeal is dismissed as a result.

The Veteran's appeal for a higher rating of PTSD with TBI was denied as the evidence did not meet the criteria for a 70 or 100 percent rating under the criteria for rating mental health disabilities, which is more favorable to him than a rating for TBI.

The Board has determined that the Veteran's service connection for a traumatic brain injury is granted, based on evidence showing he sustained a TBI during combat service.

The appeal for service connection for TBI, an acquired psychiatric disorder, migraine headaches, hypertension, and obstructive sleep apnea is dismissed. The Veteran's statements regarding her service in Southwest Asia are not credible.

The Veteran's claims of service connection for bilateral knee strains and TBI have been dismissed. The Board has also remanded the issues of increased ratings for DD of the lumbosacral spine and bilateral lower extremity radiculopathy, as well as the issue of a TDIU.

The Veteran's appeal was denied for increased ratings and service connection claims. The hearing loss rating is denied, the peripheral vestibular disorder rating remains at 10 percent, and the MDD and TBI residuals are rated at 50 percent. Service connection requests for carpal tunnel syndrome, upper extremity neuropathy, and lower extremity neuropathy were also not granted.

The Veteran's claim for service connection for frostbite of the right foot is being remanded due to a lack of an adequate etiology opinion. The Board finds that a VA examination is necessary to determine the nature and etiology of the claimed condition.

The Veteran's appeal for a rating in excess of 20 percent for cervical degenerative disc disease and for a compensable rating for traumatic brain injury has been dismissed due to the Veteran's wife requesting withdrawal of the appeal.

Your claim for service connection for TBI has already been granted, and you are now receiving a 10% evaluation. The appeal is dismissed as moot.

The Veteran's claims for service connection for residuals of a traumatic brain injury and migraines as secondary to the same condition have been granted. The evidence supports current diagnoses of these conditions, with no indication that they are related to military service.

The Board has remanded the cases due to incomplete records and failure to obtain VA medical opinions. The Veteran's left knee disorder, right shoulder disorder, cardiovascular disorder, hypertension, and traumatic brain injury are all at issue.