Traumatic brain injury (TBI) decisions — 2023

The Board has reopened the Veteran's claims for service connection due to new and material evidence. The cases are now remanded for further development.

The Board has remanded the claims of service connection for traumatic brain injury and an acquired psychiatric disorder due to new evidence received after the final decision.

The Veteran's claim for TDIU is granted, but her claim for an increased disability rating for PTSD with traumatic brain injury is remanded due to the need for a new VA examination.

The Board has decided that the Veteran's traumatic brain injury is related to service, but needs further examination and evidence to determine this conclusively.

The Board has found pre-decisional duty to assist errors in the service connection claims for TBI residuals, BPPV, and migraines. The Veteran's head injuries during service are acknowledged, but there is insufficient evidence linking her current conditions to these incidents.

The Board has determined that there were procedural errors and remands are necessary for the Veteran's claims of service connection for TBI residuals, BPPV, and migraines.

The Veteran's TBI residuals and migraine headaches were rated as appropriate, with the highest rating of 70% for TBI residuals from November 7, 2013 to November 30, 2015. The Veteran was granted increased ratings for his TBI residuals and migraine headaches within the specified periods.

The Board has found significant deficiencies in the claims file and has ordered remand for several issues, including obtaining military personnel records, a TERA examination, and verifying stressors. The Veteran's TBI and headache disorders are also being examined to determine their relationship to service.

The Veteran's TBI residuals are rated at a 10 percent disability rating, and his peripheral vestibular disorder associated with TBI residuals is also rated at a 10 percent disability rating. The matter of entitlement to a total disability rating based on individual unemployability (TDIU) has been dismissed as moot.

The Veteran's claims for service connection for TBI residuals and headaches have been reopened.,The Board has determined that new and material evidence has been received to reopen the claims of service connection for TBI residuals and headaches.

The appeal for service connection for erectile dysfunction is dismissed. The claims for chronic fatigue syndrome, sleep disorder, sinus condition, and TBI are remanded.

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including right foot pain, migraine headaches, bilateral ankle sprain, and traumatic brain injury (TBI). The decision is based on the need for updated VA treatment records and examinations.

The Board has remanded the case for further development due to conflicting medical opinions and incomplete evidence. The Veteran's death is being considered, but service connection for cause of death remains in dispute.

The Veteran's petition to reopen a claim for service connection for a deviated septum post-septoplasty was denied as new and material evidence has not been received.,Service connection for traumatic brain injury is denied due to lack of current diagnosis or in-service incurrence/aggravation.,Service connection for elevated liver enzymes is denied as it is considered a laboratory finding, not a disability warranting VA compensation.,The Veteran's claim for service connection for allergies remains pending and will be remanded for further development considering Gulf War toxic exposures.

The Veteran's claims for PTSD, residuals of TBI, and seizures were denied as the evidence did not establish a direct relationship to service.

The Veteran's TBI is not associated with any residuals of cognitive, emotional/behavioral, or physical impairment that are already contemplated in separately assigned ratings.,Prior to March 24, 2022, the tension headaches did not result in characteristic prostrating attacks averaging at least one in two months. From March 24, 2022, they have not resulted in such attacks occurring on average once a month over several months.

The Veteran's TBI from June 1, 2018, to November 22, 2019, is rated at 40 percent.,The Veteran's TBI from November 23, 2019, to November 4, 2021, is rated at 10 percent.

The Board has determined that the Veteran's PTSD, lumbar spine disability, right and left lower extremity radiculopathy, and TBI claims require additional development due to worsening symptoms since the last examinations.

The Veteran's TBI residuals from April 2016 to March 26, 2018 were granted a 10% disability rating. From March 26, 2018, the right ankle instability was granted a separate 20% disability rating.

The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, left shoulder disability, and traumatic brain injury (TBI) due to new evidence submitted by the Veteran.