Traumatic brain injury (TBI) decisions — 2023

The Board has remanded the claims for further development due to inadequate medical opinions and inconsistencies in the evidence.

The Board has determined that additional examinations and medical opinions are needed to properly evaluate the Veteran's PTSD, TBI, and subarachnoid hemorrhage. The issues of entitlement to increased ratings for PTSD, TBI, and service connection for a subarachnoid hemorrhage have been remanded.

The Veteran's appeal for a rating in excess of 30 percent for PTSD prior to November 2, 2018 was denied. However, the Veteran received a 50 percent rating from that date onward.,Service connection for TBI was dismissed.

The Board has remanded the Veteran's claims for higher ratings for PTSD, TBI, and migraine headaches due to inconsistencies in the VA examination reports and gaps in the treatment records. The Veteran is requested to attend a VA examination to evaluate his current level of severity.

The Veteran's service connection claims for residuals of a traumatic brain injury and acquired psychiatric disorder, including recurrent major depressive episodes, generalized anxiety disorder (GAD), and panic attacks with agoraphobia are granted.

Service connection is granted for PTSD, bilateral foot disability, and TBI. Service connection remains pending for cardiac disability, liver disability, spleen disability, lumbar spine disability, and right and left lower extremity radiculopathy.

The Veteran's claims for increased evaluations of his cervical strain and TBI, as well as service connection for a respiratory disability (claimed as asthma) secondary to his service-connected neurocognitive disorder with mixed anxiety and depressive features, are being remanded due to the failure to schedule VA examinations. The issue of entitlement to a total disability rating based on unemployability due to service-connected disability is also being remanded.

The Veteran's acquired psychiatric disorder with TBI was granted a rating of 70 percent, effective May 2, 2018. The appeal is not about service connection but rather the increased rating for this condition.

The Veteran's claims for right ear hearing loss, left ear hearing loss, neck disorder, and TBI are being remanded due to the need for additional medical examinations.

The Veteran's TDIU claim is dismissed as moot because she has a 100% disability rating for her service-connected PTSD with major depressive disorder and residuals of traumatic brain injury.

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

The Board has granted the Veteran's appeal for reversal of the discontinuation of reduced work tolerance (RWT) VR&E services and remanded to determine if retroactive induction into RWT VR&E services from January 2019 is warranted.

The Veteran's claims for service connection are remanded due to procedural errors and the need for additional medical examinations. The issues include psychiatric disorders, cognitive conditions, thrombocytopenia, tinnitus, hypertension, foot conditions, knee conditions, and shoulder conditions.

The Veteran's TBI residuals are restored to a 10 percent rating effective July 6, 2021. The initial PTSD rating is granted at 70 percent prior to September 24, 2019 and denied for higher ratings thereafter.

The Board denied the Veteran's claims for service connection for residuals of a chest shrapnel injury and TBI, finding no current disabilities related to these conditions.

The Board has reopened the Veteran's claims for service connection for right shoulder disability, cervical spine disability, residuals of frostbite in the left ear, and residuals of frostbite in the right ear. However, these claims are still being remanded as there is insufficient evidence to determine if any of these conditions are related to service.

The Board has decided to remand the cases for further examination and opinion regarding service connection for TBI, migraines, bilateral hearing loss, and tinnitus. The Veteran's claims are not yet fully informed due to a lack of VA examiner opinions on whether these conditions had their onset in service or are related to service.

The Veteran's appeal for an increased rating for tinnitus has been withdrawn. The Board has remanded several service connection and rating issues due to the need for additional evidence or examinations.

The Board has decided to remand the case due to the need for additional development, including obtaining medical records and conducting a VA examination to determine if the Veteran has a current diagnosis of TBI or its residuals.

The Board has dismissed the Veteran's appeals for various ratings and TDIU claims related to his low back disability, frostbite residuals in his left hand, PTSD, and TDIU prior to May 31, 2017. The appeal was withdrawn by the Veteran's attorney.