Traumatic brain injury (TBI) decisions — 2023

The Board has remanded the cases due to inadequate medical opinions and requests for additional development, including obtaining adequate medical opinions regarding the etiology of the Veteran's back disability and TBI.

The Veteran's claim for service connection for bilateral tinnitus is granted. The Board finds that the Veteran's tinnitus had its onset during active service and has been present continuously since then, meeting all elements of Shedden v. Principi (381 F.3d 1163).

The Board has determined that additional development is needed for the Veteran's claims of entitlement to an initial compensable rating for traumatic brain injury (TBI) and entitlement to a total disability rating based upon individual unemployability (TDIU), due to service-connected disabilities. The case is being remanded for further examination and assessment.

The Veteran's TBI residuals are rated at 20 percent, and his PTSD is denied an increased rating. The right wrist disability issue requires further development.

The Veteran's appeals for various conditions have been dismissed as he has withdrawn his appeal.

The Veteran's claims for service connection for various conditions, including chronic motor or vocal tic disorder, traumatic brain injury, left knee disorder, fibromyalgia, and an acquired psychiatric disorder, have been denied. The Board found no current diagnoses of these conditions in the record, and there is insufficient evidence to support a relationship between any diagnosed condition and service.

The Board dismissed the claim of entitlement to service connection for a lung condition because it was not properly appealed on a VA Form 9. The TBI issue is remanded for additional development.

The Board has ordered a remand due to the inadequacy of the April 2023 VA examination, requiring an addendum opinion regarding the nature and etiology of the Veteran's claimed TBI and its residuals.

The Veteran's claim of service connection for a TBI was reopened and granted. The Board found that the evidence supported a finding that he has residuals of a TBI due to an in-service injury, including his combat service.

The Veteran's service-connected PTSD, with insomnia and TBI caused his hypertension. The effective date for the grant of service connection for migraine headaches is set at August 29, 2014.

The Veteran's disability ratings for Traumatic Brain Injury and Tension Headaches were reduced, but the Board found that these reductions were improper due to lack of evidence showing actual improvement in function under ordinary conditions. As a result, the original ratings are restored.

The Veteran's claims for service connection have been remanded due to the need for additional development and examination. The issues include TBI, a psychiatric disorder, migraine headaches, and a sleep disorder.

The Veteran's appeal for a higher rating for persistent depressive disorder with unspecified trauma and stressor related disorder and traumatic brain injury was dismissed.,A 50 percent rating for migraine including migraine variants since December 21, 2016, is granted.

The Board has withdrawn the appeal for an increased initial rating for TBI prior to June 12, 2013. The claim of a higher rating for TBI effective from June 12, 2013 is being remanded due to the need for a new VA examination.

The Board has remanded the Veteran's claims for service connection for various disabilities, including TBI, neck disability, skin condition involving the feet, low back disability, left knee disability, and left ankle disability. The claims are being addressed on the merits due to new evidence received since the previous denials.

The Veteran's TBI and PTSD are granted, with the TDIU issue being remanded for further development.

The Veteran's claim for service connection for headaches, also claimed as TBI, has been approved and there are no longer allegations of errors in the decision.

The Veteran's major depressive disorder with TBI residuals resulted in total occupational and social impairment, warranting a 100% rating.

The Veteran's TBI disability rating is being remanded for further development and consideration of the additional evidence.

The Veteran's claim of service connection for Meniere's syndrome, thyroid condition, and nausea is granted. Service connection is also established for TBI and neck disability.,Service connection for tinnitus was denied as the evidence does not show an exceptional disability picture.