Traumatic brain injury (TBI) decisions — 2023

The Board has remanded the case due to incomplete police reports and military records regarding a 2011 assault. The Veteran's service connection claim for PTSD, alcohol dependence, and TBI with cognitive disorder is pending further development.

The Veteran's major depression with anxiety disorder is rated at 70 percent since May 24, 2023. The rating for TBI remains denied.

The Veteran's service-connected disabilities, including his TBI and tinnitus, rendered him unable to secure or maintain substantially gainful employment due to cognitive impairments and hearing loss.

The Veteran's claims for service connection for a brain trauma injury, increased ratings for left and right knee degenerative changes, and withdrawal of other claims have been denied. The Board found no evidence supporting the Veteran's assertions of head injuries or current disabilities related to his military service.

The Board has remanded the case due to a failure to obtain relevant VA treatment records. The Veteran is required to provide authorization for these records and make two requests if necessary.

The Veteran's appeal for additional VR&E services, including training to pursue a medical degree, was granted. The Board found that the Veteran had service-connected disabilities and functional limitations that made it necessary to change his rehabilitation goal from biomedical sciences to medicine.

The claim for a rating in excess of 40 percent for TBI with cognitive and sleep disorder is dismissed.,The claim for an effective date prior to June 26, 2017, for a separate evaluation for headaches, status post TBI is dismissed.,The claim for a rating in excess of 10 percent for tinnitus is denied.,The claims for effective dates prior to October 5, 2006, for the grant of service connection for breathing disability with shortness of breath and PTSD are denied.,The claims for ratings in excess of 20 percent for left shoulder and right shoulder disabilities are dismissed as they were not factually ascertainable within a year prior to June 26, 2017.,The claim for TDIU is dismissed as the Veteran's combined disability rating from June 26, 2017, already meets the criteria for a total disability rating based on individual unemployability.

The Veteran's service-connected disabilities did not render him unable to secure and follow substantially gainful occupation prior to June 1, 2020.

The Veteran's right ankle condition and TBI with residuals of mild cognitive dysfunction are being remanded for further review due to a duty-to-assist error.

The Veteran's appeal for a higher initial rating for PTSD is remanded due to the need to obtain inpatient treatment records from April 2017.,The Veteran's appeal for service connection for hearing loss and TBI are both remanded as VA has not made reasonable efforts to obtain relevant medical records.

The Board dismissed the claims for a compensable rating for fifth metacarpal fracture and TDIU, as well as the request for an increased rating for PTSD and TBI. The Veteran's PTSD and TBI resulted in total occupational and social impairment.

The Board denied the Veteran's claims for a compensable rating for residuals of traumatic brain injury and an earlier effective date for service connection. The Veteran's TBI symptoms have been considered in conjunction with his PTSD, which has already resulted in a separate disability rating.

The Veteran's PTSD resulted in occupational impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks, warranting a 30 percent rating.,There is no evidence of frostbite or its residuals during service or post-service. The Veteran does not meet the criteria for hearing loss for VA purposes.,The Board remanded the claim for service connection for back condition due to insufficient medical opinion regarding etiology.,TDIU was also remanded as it is inextricably intertwined with the back disability issue.

The Veteran's claims for PTSD, depression, and TBI secondary to service-connected disabilities have been granted. However, the rating in excess of 50 percent for migraine headaches and a compensable rating for residual scar from cervical surgery remain denied.

The Veteran's appeal for service connection on all issues except eye problems, tinnitus, and stomach problems (undiagnosed or medically unexplained chronic multi-symptom Gulf War illness) has been dismissed. The claim of service connection for left wrist disability, right wrist disability, left ankle disability, right ankle disability, left knee disability, right knee disability, back disability, and psychiatric disability (including PTSD) is remanded.

The Veteran's appeal is remanded due to incomplete service records and the need for a medical opinion regarding his mental health at the time of misconduct.

The Veteran's appeal for service connection and increased rating issues have been dismissed due to the appellant, through his attorney, withdrawing the entire appeal.

The Board has granted an earlier effective date of August 30, 2017 for the increased rating of migraine headaches associated with TBI. The Veteran's appeal on other issues is remanded due to incomplete records and need for additional medical opinions.

Service connection for tinnitus is granted. Service connection for an acquired psychiatric disorder, bilateral hearing loss, and residuals of a TBI are remanded.

The Board denied the Veteran's claims for effective dates prior to January 27, 2020, for service connection of TBI with vertigo and associated disabilities.