Traumatic brain injury (TBI) decisions — 2023

The Board denied service connection for a traumatic brain injury (TBI) as there is no current diagnosis of TBI or its residuals, and the medical evidence does not support the claim.

The Board has remanded the Veteran's claims for SMC based on aid and attendance for TBI residuals, as well as her increased rating claims. The VA is required to obtain a TBI specialist examination to determine if she requires personal health-care services provided by someone licensed or under regular supervision of a licensed professional due to her service-connected TBI. Additionally, the VA must review all relevant evidence including medical treatment records and lay statements.

The Board has denied service connection for an eye disorder and remanded the issues of service connection for frostbite of the hands and feet and lumbar spine disorder. The claims are now pending again, with a new examination required for each issue.

The Board has remanded the cases for further development and examination to determine if service connection can be established for residuals of a traumatic brain injury, bilateral hearing loss disability, and neck disability.

The Veteran's initial claim for a higher rating for migraine headaches was denied, and the Board found that from March 27, 2017, his migraines warranted a 30 percent disability rating. The issue of entitlement to a compensable disability rating for residuals of traumatic brain injury (TBI) is remanded.,The Veteran's TBI residuals are being reviewed again due to the need for an addendum medical opinion.

The Veteran's schizophrenia with traumatic brain injury prior to April 6, 2017 resulted in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks. The symptoms included depress mood, sleep disturbances, social anxiety, and infrequent panic attacks.

The Board has granted service connection for Traumatic Brain Injury and Obstructive Sleep Apnea as secondary to TBI. The Veteran's current diagnoses of these conditions are supported by the evidence, and the Board finds that his OSA is caused by his now service-connected TBI.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a new examination to assess the Veteran's psychiatric disability and TBI. The issues of evaluating the service-connected psychiatric disability in excess of 70 percent and determining whether the Veteran is entitled to a TDIU are also being remanded.

The Board has decided to remand the claims for service connection for residuals of a traumatic brain injury and Parkinsonism due to insufficient evidence regarding the nature and etiology of these conditions.

The Veteran's service-connected disabilities have rendered her unable to secure or follow any form of substantially gainful employment, and the Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Board denied an earlier effective date for the award of service connection for a Traumatic Brain Injury (TBI) because no new and material evidence was submitted within one year of the January 1994 rating decision, which is considered final.

The Veteran's claim for service connection for PTSD was granted effective March 3, 2014. The initial disability rating for residuals of TBI with PTSD, unspecified anxiety-related and depression-related disorders, and blurred vision is set at 70 percent.

The Veteran's appeal for service connection of traumatic brain injury has been dismissed due to the withdrawal by his authorized representative.

The Board has remanded the cases due to a lack of VA treatment records from the Veteran's private psychiatrist, Dr. P.R., which may be relevant in determining whether his psychiatric and/or cognitive symptoms worsened prior to his December 2012 claim.

The Board has remanded the Veteran's claims for TBI, sleep apnea, erectile dysfunction, GERD, left ankle disability, and lumbar spine disability. The Veteran must file a Statement of the Case (SOC) on these issues before he can appeal them further.

The Board has decided to remand the case due to issues with scheduling a VA examination for the Veteran's service-connected residuals of traumatic brain injury (TBI). The examiner will need to determine the current severity of his TBI, particularly neurological condition and convulsion disorder.

The Board has dismissed the claims for service connection for residuals of traumatic brain injury and epilepsy, as the appellant died during the appeal process.

The Board has remanded the Veteran's claims for service connection due to new evidence indicating current TBI, headaches, chest pain, right shoulder condition, and peripheral neuropathy of multiple extremities. The issues will be addressed with additional VA examinations.

The Veteran's service-connected disabilities, including PTSD, TBI, and left knee chondromalacia with surgical repair, have prevented him from securing and following substantially gainful employment prior to January 19, 2012. The Board has granted a total disability rating due to individual unemployability (TDIU) on an extraschedular basis for this period.

The appeal for service connection for left upper extremity diabetic neuropathy is dismissed. The appeal for an initial rating higher than 50 percent for PTSD with TBI prior to June 10, 2019, is remanded.