Traumatic brain injury (TBI) decisions — 2023

The Veteran's claim for a higher disability rating for traumatic brain injury and TDIU prior to specific dates was denied. The Veteran had cognitive impairment with symptoms such as memory loss, difficulty concentrating, and confusion.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various conditions, including a peripheral vestibular disorder, residuals of a traumatic brain injury, sinus disorder, and cervical spine disorder. The issues are being remanded to allow for further examination and consideration.

The Veteran's claims for a separate compensable rating for TBI and service connection for right eye disorder were denied. The case was remanded for additional development, including VA examinations to assess the severity of his ankle conditions and whether he has a left foot condition related to service.

The Board has remanded the Veteran's claims for service connection for TBI, bladder disorder, and gastrointestinal disorder due to a lack of VA examiner opinions regarding the relationship between these conditions and service. The Veteran served in Iraq during his active duty.

The Board has remanded the Veteran's claims for service connection for TBI, IBS, and Respiratory Disorder due to incomplete development of records.

The Veteran's claim for service connection for Traumatic Brain Injury (TBI) was denied. The Board found that there is no current TBI and the lay reports were not competent to establish the existence of a current disability. For the issue of total disability rating based upon individual unemployability due to service-connected disabilities prior to September 14, 2015, the Veteran's combined schedular disability rating did not meet the minimum requirements for consideration under 38 C.F.R. § 4.16(a). The Board found that the Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities prior to September 14, 2015.

The Veteran's initial compensable rating for TBI prior to May 10, 2022 is denied. The Veteran's PTSD with TBI residuals are not rated in excess of 50 percent.

The Veteran's hearing loss and other conditions are being reviewed, but his TDIU claim for the period prior to May 15, 2021 is remanded due to unclear employment details.

The Veteran withdrew his appeal in its entirety, requesting to drop the VA appeal for both PTSD and TBI claims.

The Veteran's claims for service connection for traumatic brain injury (TBI) residuals with cognitive disorder, major depressive disorder, and tension headaches have been denied. The evidence does not support a current diagnosis of TBI or any related conditions.,There is no medical evidence showing the Veteran had a TBI during or after his military service.

The Board has remanded the issues of service connection for obstructive sleep apnea and traumatic brain injury due to their complexity and need for additional medical examination.

The Board has remanded multiple issues for additional development, including increased ratings for PTSD and TBI-related cephalgia, as well as service connection claims. The Veteran's mental health records are incomplete, and a new VA examination is needed to assess the severity of his headaches.

The Board has remanded the Veteran's claims for PTSD, migraine headaches, TBI residuals, and TDIU due to outstanding VA and SSA records that may be relevant to the effective dates of his ratings.

The Board has denied service connection for lower lumbar condition, upper respiratory condition, and hearing loss. The Board has also remanded the issue of service connection for residuals of frostbite of bilateral hands.

The Board has granted service connection for headaches and TBI residuals, finding that the Veteran's current diagnoses are related to his in-service symptoms. Service connection for MDD as secondary to TBI residuals is also granted.

The Veteran's headaches are rated at the maximum schedular rating of 50 percent. The Veteran's PTSD is currently rated at 70 percent, effective January 20, 2017. Other service-connected conditions have been assigned specific ratings.

The Veteran's appeals for various conditions and ratings have been dismissed due to his withdrawal of the appeal.

The Board has decided that the reduction of the initial rating for residuals of TBI from 10% to zero percent was improper, and has ordered a remand for further evaluation. The Veteran's appeal also includes an issue regarding entitlement to an increased rating for his TBI residuals.

The Veteran's initial 50 percent rating for migraine headaches associated with TBI is granted, effective August 27, 2015. The claim of an initial compensable rating for TBI is remanded.

The Veteran's claim for a compensable rating for service-connected TBI was denied, and his claim for service connection for headaches remains pending. The Board has remanded both issues.