Traumatic brain injury (TBI) decisions — 2023

The Board has remanded the case for a new VA examination to determine if the Veteran's acquired psychiatric disorder is related to his active service. The issues of service connection for TBI and PTSD remain unresolved.

The Veteran's claim for a separate disability rating for cognitive, behavioral, and emotional residuals of TBI is denied as these symptoms are already encompassed in the current 100% disability rating assigned for his major neurocognitive disorder with major depressive disorder (previously diagnosed as anxiety disorder) due to TBI.,The Veteran's posttraumatic headaches have been granted a separate initial 10 percent disability rating, effective March 7, 2005.

The Veteran's claims for PTSD due to military sexual trauma and a psychiatric disorder other than PTSD are remanded as the VA examinations did not consider his in-service misconduct.,The Veteran's claim for TBI residuals is remanded as there was no determination of whether he had an in-service TBI, and tinnitus, headaches, and fatigue may be related to this condition.,The Veteran's claims for cervical spine disorder, lumbar spine disorder, left ankle disorder, right ankle disorder, left foot disorder, and right foot disorder are remanded as the VA examinations did not consider his reported in-service injuries.

The Veteran's GERD is granted a 10% rating, but no higher.,The Veteran's migraines are denied as not meeting the criteria for a compensable rating.,Service connection for chronic sinusitis is denied due to lack of evidence of current disability.,Service connection for TBI is granted.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected residuals of TBI.,Service connection for plantar fasciitis and left heel spur, as well as residuals of in-service TBI, are granted with an effective date of February 27, 2009.,The Veteran's appeals seeking earlier effective dates for these conditions remain denied.

The Board has remanded the Veteran's claims for service connection for Traumatic Brain Injury residuals, Parkinson's disease, and right ear hearing loss due to new evidence received after the last final rating decision. The TDIU claim is also remanded as it is intertwined with these other claims.

The Veteran's claim for service connection for an acquired psychiatric disorder, including anxiety disorder, is granted. The issue of service connection for residuals of frostbite is remanded and the Veteran must be afforded a VA examination to determine if his current condition is related to service.

The Board has found that a remand is necessary to ensure proper evaluation of the Veteran's service-connected PTSD with TBI, as the current VA opinion was inadequate and did not differentiate symptoms related to each condition.

Service connection for residuals of a traumatic brain injury (TBI) is denied.,Service connection for tinnitus is granted.

The Veteran's PTSD with TBI residuals is currently rated at 70 percent, and the Board finds that a higher rating is not warranted.,There is no separate compensable rating for PTSD with TBI as it is already covered under the current 70 percent rating.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining updated release forms for private treatment records and scheduling new VA examinations. Additionally, a medical opinion is required regarding the etiology of his psychiatric disorders.

The Veteran's claim for increased ratings for TBI and PTSD is remanded due to conflicting opinions in the record and testimony indicating worsening symptoms. A new VA examination is required to assess current severity and differentiate between TBI residuals and PTSD.

The Veteran's post-concussion headaches are rated at a 50 percent disability rating prior to February 21, 2020. The claim for a separate rating for service-connected TBI is denied.

The Veteran's migraine headaches are granted service connection and a disability rating in excess of 70 percent for major depressive disorder with TBI is remanded. The need for special monthly compensation based on the need for regular aid and attendance or housebound status is also remanded.

The Board has granted a 10 percent rating for the Veteran's service-connected TBI, but has remanded to determine if a higher rating is warranted. The issue of entitlement to TDIU has also been added and will be addressed in the REMAND section.

The Veteran's diabetes mellitus, type II is granted based on direct evidence of herbicide agent exposure. The low back disorder, headache disorder, and residuals of frostbite are remanded for further examination.

The Veteran's PTSD with polysubstance abuse and TBI was rated at 70 percent prior to May 19, 2023. The appeal is denied.

The Board has determined that additional development is needed for the Veteran's claims of a higher rating for TBI, service connection for psychiatric impairment as secondary to TBI, and TDIU. The Veteran will need to provide SSA records and undergo new examinations to determine the current severity of her TBI and whether her stomach problems and blurred vision are residuals of her TBI. An opinion is also needed regarding whether her psychological impairment is at least as likely as not proximately due to or aggravated by service-connected TBI.

The Board has determined that there are outstanding private treatment records and VA treatment records that need to be obtained, as well as a VA examination for the Veteran's hearing loss, skin disorder, GERD, and hiatal hernia. The claims for service connection will be remanded for these actions.

The Board has remanded the cases for further development and examination to determine if service connection can be established for a traumatic brain injury, bilateral hip condition, and back condition.