Traumatic brain injury (TBI) decisions — 2023

The Veteran's claims for increased disability ratings for tinnitus, residuals of TBI including mild neurocognitive disorder and headaches, and dizziness associated with TBI are remanded due to the need for additional medical records.

The Veteran's service-connected TBI and other conditions have caused him to require the regular aid and attendance of another person. The Board has granted SMC based on need for aid and attendance, but remanded for a new examination regarding his initial disability rating for TBI.

The Board has remanded the case due to new evidence received and requests that a supplemental statement of the case be issued.

The Veteran's claims for right knee, respiratory, obstructive sleep apnea, skin cancer, migraine headache, lumbar spine, and right shoulder disabilities were denied. The claim for TDIU was also remanded.

The Veteran's service-connected frostbite residuals of the hands and feet are being remanded for further evaluation as his symptoms have worsened since the last examination.

The Board denied service connection for residuals of a traumatic brain injury (TBI), including headaches, due to insufficient evidence linking the current disability to in-service head injuries. However, it granted service connection for intermittent explosive disorder, claimed as related to in-service head injuries.,Service connection was established for intermittent explosive disorder based on medical opinions indicating that the condition is at least as likely as not caused by multiple brain injuries sustained during service.

The Board has granted the reopening of the claim for service connection for thoracic spine disability and has decided in favor of the Veteran. The claims for service connection for lung disability, migraine headaches, and residuals of TBI are remanded for further development.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's headaches are a residual of his TBI sustained during service. The case will be returned for further development, including an additional VA examination.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this case.

The Veteran's TDIU claim is granted as his service-connected disabilities prevent him from securing or following substantially gainful employment.

The Veteran was granted a TDIU rating from March 27, 2009 to October 17, 2016 for his service-connected posttraumatic headaches and TBI residuals.

The Veteran's claim for a compensable rating for traumatic brain injury was denied, and the appeal is dismissed as her representative withdrew her TDIU appeal.

The rating for traumatic brain injury was reduced to 10 percent effective January 1, 2019. The Board has restored the 40 percent rating from that date.

The Veteran's major depressive disorder with residuals of a TBI is rated at 70 percent since August 28, 2009. The Board has granted an initial rating of 70 percent for the period prior to April 18, 2023. However, the case remains in appellate status as the Veteran seeks a higher rating. The Board also remanded three issues: entitlement to a separate compensable rating for residuals of TBI, entitlement to a TDIU, and clarification of the Veteran's occupational history.

The Board has remanded the Veteran's appeal for further development and examination regarding his service-connected TBI and erectile dysfunction. The issues of entitlement to an initial evaluation in excess of 10 percent for residuals of a traumatic brain injury, and service connection for erectile dysfunction are both pending.

The Veteran's TBI residuals are rated at a 70 percent evaluation, effective from the date of this decision. Additionally, the Veteran is granted a TDIU.

The Veteran's depressive disorder with traumatic brain injury and migraine headaches have been granted increased ratings, with the depressive disorder receiving a 50 percent rating and the migraines receiving a 30 percent rating.

The Veteran's claim for an effective date earlier than December 11, 2017 for the assignment of a 100 percent rating for posttraumatic stress disorder with major depressive disorder, insomnia disorder, and traumatic brain injury is denied.

The Board has determined that the Veteran's claim of service connection for residuals of a traumatic brain injury, back disorder, left knee disorder, right knee disorder, and acquired psychiatric disorder is denied. The claims are remanded for further development.

The Board has granted service connection for a traumatic brain injury. The claims for hypertension and gastrointestinal disability are remanded due to the need for additional medical opinions.