Traumatic brain injury (TBI) decisions — 2023

The Board has determined that additional evidence is needed to determine if the Veteran's death was caused by a service-connected disability, and whether any service-connected psychiatric disorder contributed to his substance abuse disorder or contributed to his death.

The Veteran's TBI residuals, including tinnitus, migraine headaches, right hand motor deficit, and neurocognitive disorder, have been granted increased ratings. The effective date for these increases is October 23, 2008.

The Veteran's TBI has been rated at 40 percent, and the Board found that a higher rating is not warranted based on his symptoms. The PTSD was considered to be the primary contributor to his disability picture.

The Veteran's claim for a higher disability rating for his mild traumatic brain injury (TBI) prior to August 31, 2020 is being remanded due to the need for a retrospective medical opinion.

The Board has denied service connection for a Traumatic Brain Injury (TBI) as there is no current disability and the evidence does not support a finding of a TBI incurred in or aggravated by service.

The Veteran's claim for service connection for a left shoulder disability is denied as there is no evidence of an in-service injury or disease related to the condition.,The Veteran's claim for increased rating for right knee instability from January 25, 2015 to June 29, 2021 is denied as his symptoms do not meet the criteria for a higher rating.

The Veteran's service connection claims for tinnitus, traumatic brain injury, and acquired psychiatric disability are all granted. The claim for traumatic brain injury is denied.

The Veteran's claim for service connection for PTSD has been reopened. The appeal of the rating in excess of 20 percent for left knee instability is dismissed. The claims for service connection for acquired psychiatric disability, to include PTSD and depression or TBI, are remanded.

The Board has remanded the claims for an initial rating in excess of 50 percent for PTSD, service connection for TBI, and service connection for tinnitus due to additional evidence received after the December 2019 Statement of the Case.

The Veteran's claim for service connection for tinnitus has been reopened, and the Board finds new and material evidence sufficient to reopen the claim. The claims of entitlement to increased ratings for TBI and tension headaches are remanded due to a lack of recent VA examinations. The issue of service connection for tinnitus is also remanded as there is conflicting medical evidence regarding whether the Veteran currently has tinnitus.

The Veteran's TBI is rated at 0 percent, as there are no cognitive or psychological symptoms attributed to a TBI. The Board found that the evidence does not support an increase in rating for his service-connected TBI.

The Veteran's petition to reopen his previously denied claims for left knee disability, TBI, left wrist disability, cervical spine disability, and a left hip disability (secondary to right hip) was denied due to lack of new and material evidence. The Board found that the Veteran did not have current diagnoses or functional impairment related to these conditions.

The Veteran's claim for service connection for residuals of a traumatic brain injury, also claimed as headaches is remanded due to the need for a new VA examination to address whether his current headaches are related to a head injury or concussion in service.

The Veteran's claims for service connection have been granted, with effective dates ranging from March 16, 2001 to January 4, 2008. The conditions were related to his military service and the VA has assigned full ratings (100%) for all granted issues.

The Veteran's TDIU claim is denied as his combined service-connected disability rating has reached 100%, rendering the issue moot.

The Veteran's service-connected disabilities prevented him from securing and maintaining substantially gainful employment prior to November 21, 2012. Effective November 21, 2012, the evidence shows that he is unable to secure or follow a substantially gainful occupation due to his service-connected conditions.

The Veteran's acquired psychiatric disorder, diagnosed as PTSD with TBI, is rated at 100 percent effective February 1, 2016. The issue of a total disability rating based on individual unemployability prior to March 24, 2020, is dismissed due to the grant of a 100 percent rating for PTSD with TBI.

The Board has remanded the case due to the need for additional VA treatment records related to the Veteran's TBI.

The Veteran's sleep apnea is granted as secondary to his service-connected disabilities. His bilateral hearing loss and headaches are denied, while his TBI, back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy receive initial ratings.

The Veteran is seeking additional retroactive VA disability compensation benefits under the CRSC program for the period from December 2011 to April 2015, and he also wants to know if it was proper to withhold his VA disability compensation benefits due to a retired pay adjustment. The Board has ordered further action to review these issues.