Traumatic brain injury (TBI) decisions — 2023

The Board has granted service connection for Traumatic Brain Injury and Acquired Psychiatric Disorder, finding that the conditions are at least as likely as not related to an in-service blast injury.

The Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) and tuberculosis has been denied. The Board found that there is no current evidence of TBI or tuberculosis, and thus cannot grant service connection.,For the adjustment disorder with mixed anxiety and depressed mood, the Veteran was granted a 30 percent disability rating but his claim for an increased rating remains pending.

The Veteran's claims for service connection are being remanded due to duty-to-assist errors in obtaining adequate medical opinions.,All issues related to the Veteran's hearing loss, tinnitus, degenerative arthritis of the lumbar spine, cervical spine condition, and traumatic brain injury will be addressed.

The Board denied the Veteran's claims for service connection for bilateral upper extremity carpal tunnel syndrome, hemorrhoids, and residuals of a traumatic brain injury (TBI) as there was no evidence to support a relationship between these conditions and his military service.

The Veteran's asthma is being remanded due to an inadequate examination, and the service connection for TBI and stutter is also being remanded as there was no neurological examination addressing the claimed disability.,Further examinations are needed to determine if the Veteran's current conditions are related to his military service.

Effective dates of October 26, 1978 have been granted for PTSD, TBI, cervical spine disability, right hip disabilities, and migraine headaches. Effective dates prior to February 14, 2011 have not been granted for loss of sense of smell, taste, and erectile dysfunction.

The Veteran's claim for an increased rating in excess of 100 percent for TBI with neurocognitive disorder, arachnoid cyst, and PTSD is dismissed. The claim for a compensable rating for the lumbar spine scar is also dismissed.

The Veteran's appeal was dismissed as he withdrew his claims for sleep apnea and alopecia. His claim for chronic sinusitis was granted with a 50% rating, which is the maximum available. The appeals for right foot metatarsalgia, erectile dysfunction, TBI, headaches (migraines), facial scarring of the left eyebrow, and sebaceous cyst removal scar were denied. The appeal for inguinal hernia and hypertension was also dismissed.

The Board has denied the Veteran's claims for service connection for residuals of a TBI, headache condition, epilepsy, syncope, and lower back condition due to lack of current disabilities.,Service connection must be denied as there is no evidence of current disabilities for which service connection can be granted.

The Veteran's PTSD and TBI symptoms are manifested by occupational and social impairment with deficiencies in most areas, warranting a 70 percent rating.

The Board has remanded the claims for service connection due to insufficient evidence regarding the onset and relationship of the Veteran's conditions to his military service.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in purchasing an automobile or adaptive equipment due to lack of anatomical loss or permanent loss of use of a hand or foot.

The Veteran's TBI and PTSD were rated at 70 percent effective March 5, 2019. Migraine headaches were also rated at 30 percent effective the same date.

The Board has determined that the Veteran's residuals of TBI are secondary to her service-connected knee disability, and thus grants service connection for this condition.

The Veteran's claim for presumptive service connection for chronic rhinitis is granted, effective from the date of enactment of the PACT Act. The issues of service connection for TBI and skin disorders are remanded due to a lack of recent VA examinations.

The Board has determined that additional development is needed to assist the Veteran with his claims, including obtaining relevant medical records and providing notice regarding military sexual trauma. The claims for service connection are being remanded.

The Veteran's claims for service connection for obstructive sleep apnea and an increased rating for his TBI are remanded due to the need for additional medical examinations.

The Veteran's claims for bilateral hearing loss and back condition are remanded due to the need for additional medical opinions.,The Veteran's claim for a psychiatric disorder is remanded as he has not been afforded a VA examination regarding his current diagnoses.,The Veteran's claim for erectile dysfunction/loss of reproductive organ is remanded because it is inextricably intertwined with his service connection claim for an acquired psychiatric disorder.,The Veteran's claim for obstructive sleep apnea is remanded as he has not been afforded a VA examination regarding his current diagnosis.,The Veteran's claims for bronchial asthma and COPD are remanded due to the need for additional medical opinions.,The Veteran's claim for a right shoulder disability is remanded because he has not been afforded a VA examination regarding his current condition.,The Veteran's claims for frostbite left foot, frostbite right foot, chronic mycotic infection bilateral feet, and bilateral foot disability are remanded due to the need for additional medical opinions.

The Veteran's TBI is granted as service connected. The issues of right and left wrist carpal tunnel are remanded for further development.

Your service connection for TBI residuals has been granted and is rated at 40 percent. The effective date of this grant is September 29, 2021.