Traumatic brain injury (TBI) decisions — 2023

The Veteran's claims for increased ratings were denied. The reduction of the disability rating for right hand residuals of frostbite from 30% to 20% was found to be improper and void ab initio, with a new 30% rating restored.

The Board denied the Veteran's claim for service connection for a traumatic brain injury (TBI) as there is no current diagnosis of TBI and the evidence does not support a finding that it was incurred in or aggravated by service.

The Board has remanded the case due to a duty-to-assist error in obtaining a VA medical opinion that did not apply the correct standard and consider all pertinent evidence, including the Veteran's contention of exposure to blast pressure from firing guns during service.

The Board has dismissed the claim for service connection for low back strain due to withdrawal by the Veteran. The issues of compensable rating for hypertension, service connection for TBI, dry eye syndrome and nuclear cataracts, sinusitis, gastroenteritis, and TDIU are all remanded.

The Veteran's TBI is rated at 10 percent, effective July 11, 2015.,Degenerative arthritis of the spine with degenerative disc disease status post vertebral fracture is also rated at 10 percent, effective July 11, 2015.

The Board has determined that the severance of service connection for TBI and headaches was improper, and thus restored service connection for both conditions.

The Veteran's service-connected PTSD, tinnitus, and TBI have prevented him from obtaining or maintaining substantially gainful employment due to his symptoms.

The Board denied earlier effective dates for service connection of traumatic brain injury and migraine headaches, but granted them. Service connection for bilateral hearing loss was denied.

The Veteran's petition to reopen the claim for service connection for right ear hearing loss was denied. Claims for increased ratings of various hip and knee disorders, as well as left leg shin splints, were also denied.

The Veteran's appeals for higher initial disability ratings for left knee disability and TBI were denied. The Board found that the symptomatology did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board denied service connection for the residuals of a traumatic brain injury, finding no evidence of an in-service TBI or its residuals. The claim for Lyme disease was granted.

The Board has determined that the reductions in ratings for TBI and complex partial seizures were improper, and the original ratings are restored. The Veteran's entitlement to a rating in excess of 30 percent for migraine headaches is also remanded.

The Veteran has withdrawn his appeals for traumatic brain injury, sleep apnea, and an increased rating for costochondritis. The appeal is dismissed as a result.

The Veteran's TDIU claim was granted from May 8, 2014 to January 14, 2016 due to his service-connected disabilities. However, the issue of entitlement to TDIU from January 14, 2016 is dismissed as moot.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been denied as there is no evidence of a current disability.,Service connection for TBI has also been denied, with the Board finding that the Veteran does not meet the criteria for a higher rating.

The Veteran's PTSD is granted as service-connected based on a confirmed in-service stressor.,Service connection for lumbosacral strain is granted, with the opinion being approximately evenly balanced.,Service connection for residuals of head injury (TBI, headaches, and blurry vision) is remanded due to inadequate medical examination.

The Veteran's disability rating for anxiety disorder with traumatic brain injury was reduced from 50 percent to 0 percent, effective September 1, 2019 due to his failure to report for a necessary VA examination.

The Veteran's total disability rating based on individual unemployability (TDIU) is dismissed as moot because he is already receiving a combined 100 percent schedular rating for multiple service-connected disabilities.

The Board has remanded the Veteran's claims of service connection for residuals of a traumatic brain injury, including headaches, and low back disability due to inadequate opinions regarding the onset and relationship to service.

The Veteran's hypertension is granted with a 10% rating, effective July 13, 2018. An earlier effective date of September 28, 2017, for the grant of service connection for hypertension is also granted.,The Veteran's TBI claim and TDIU claim are remanded due to failure to report for a VA examination.