Traumatic brain injury (TBI) decisions — 2023

The Veteran's service-connected disabilities render him unable to secure or maintain substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability.

The Veteran's claims for service connection on multiple conditions are being remanded due to the need for additional medical opinions and development of records.

The Veteran's claims for service connection for headaches, ED, and a traumatic brain injury have been dismissed. The appeal for recoupment of separation pay by withholding VA benefits due to TBI has been remanded.

The Board has restored the Veteran's TBI rating from noncompensable to 10 percent, effective June 22, 2015. The reduction was improper as it did not consider whether there was actual improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Board has denied service connection for various conditions, including frostbite residuals, fatigue, skin disorders, ankle and shin splints, respiratory disorder, right shoulder disorder, and left shoulder disorder. The Board found no evidence of current disabilities or in-service injuries that could be linked to these conditions.

The Board has remanded the case for further development, including scheduling a psychiatric examination to determine the nature and etiology of any acquired psychiatric disorder. Service connection is not granted for TBI or lumbar spine condition.

The Veteran's service connection claim for residuals of a traumatic brain injury (TBI) is granted as the evidence shows that his TBI residuals are related to in-service head injuries.

The Board has remanded the claims of service connection for TBI and SMC based on need for aid and attendance due to potential toxic exposure in service, including Gulf War service. The Veteran is presumed to have a toxic exposure unless there is affirmative evidence to establish no toxic exposure.

The Veteran's migraine and tension headaches are rated at 50% from January 24, 2018 to the present. The TBI residuals are rated at 10%. A total disability rating based on individual unemployability is granted from January 24, 2018 to July 24, 2019.

The Board has determined that further development is needed to address the Veteran's claims for service connection for various brain-related conditions, including head trauma residuals and traumatic brain injury. The case is being remanded to obtain an addendum medical opinion from a VA examiner.

The Veteran's service-connected disabilities, including traumatic brain injury and other conditions such as narcolepsy, irritable bowel syndrome, chronic sinusitis, tension headaches, right shoulder strain with shoulder impingement syndrome, left shoulder strain with shoulder impingement syndrome, lower back strain, cervical neck strain, bilateral plantar fasciitis, tinnitus, right 4th metacarpal fracture with scar, allergic rhinitis, shin splints of the left and right lower extremities, right eye strabismus, left knee patellofemoral pain syndrome, and right knee patellofemoral pain syndrome, have prevented him from securing or following substantially gainful employment for the appeal period prior to August 13, 2019.

The Veteran's PTSD, migraines, and TBI residuals are rated at 70 percent from March 8, 2016. The Veteran is also granted a TDIU effective from March 8, 2016.

The Veteran's claims for service connection for TBI residuals, OSA, and headaches are remanded due to the failure to appear at scheduled VA examinations. The SMC claim is also remanded as it is inextricably intertwined with the other issues.

The Board has reopened the previously denied claim of service connection for residuals of TBI and remanded the issues of service connection for neuropathy of the left lower extremity, neuropathy of the right lower extremity, and erectile dysfunction (secondary to PTSD).

The Board has withdrawn the appeal for a higher rating for headaches and has remanded the cases of PTSD with residuals of TBI and TDIU.

The Board has determined that the Veteran's TBI is a result of his willful misconduct during service, and therefore cannot be service-connected.

The Veteran's service-connected PTSD with alcohol dependence and TBI residuals are rated at 70 percent from May 10, 2010, to the present. A total disability rating based on individual unemployability is granted for these disabilities. Special monthly compensation at the housebound rate is also granted.

The Veteran's bilateral hearing loss disability is denied as audiometric testing does not meet the criteria for a current disability.,The claim of service connection for chronic sinusitis, residuals of TBI, and headache disability is remanded due to insufficient evidence regarding their etiology.

The Board has denied service connection for left ear hearing loss due to the absence of a current disability, and the Veteran does not have a current diagnosis of left ear hearing loss for VA purposes.,The Board has remanded the claim for traumatic brain injury (TBI) as there was insufficient evidence in the August 2018 VA examination regarding the Veteran's service treatment records.

The Veteran's service-connected disabilities did not preclude him from securing or maintaining gainful employment prior to November 22, 2019.