Traumatic brain injury (TBI) decisions — 2023

The Board has remanded several issues related to the Veteran's service-connected disabilities, including sleep apnea, anxiety disorder, and TBI. The claims for increased ratings and effective dates are also being reconsidered.

The Veteran's bilateral shin splints, cervical spine sprain, and left ankle tendonitis are granted as service-connected.,The Veteran's residuals of a traumatic brain injury (TBI) are granted as service-connected.,PTSD, IBS, right shoulder disorder, left hip disorder, right hip disorder, right ankle disorder, right foot disorder, right knee disorder, scar on the left parietal scalp area, and right groin scar were not granted effective dates prior to December 11, 2015.

The Veteran's appeal for an initial rating in excess of 10 percent for repaired mandibular fracture has been denied.,The Veteran's claims for service connection for a traumatic brain injury and an acquired psychiatric disability have been remanded due to the need for additional medical opinions.

The Veteran's PTSD with TBI and alcohol use disorder has been granted a rating of 70 percent, effective February 11, 2014.

The Veteran's claims for an effective date prior to May 8, 2017, and a rating in excess of 50 percent for his service-connected psychiatric disability are denied. The Board also remanded the issues regarding service connection for a respiratory disability and TDIU.

The Board has determined that a VA examination is needed to determine the etiology of the Veteran's TBI and whether it is related to service. The Veteran's claim for service connection regarding his TBI is being remanded.

The Board has remanded the claims for effective dates prior to June 19, 2018 for service connection of a Traumatic Brain Injury and Acute Intermittent Tension Headaches due to unclear consideration of relevant Service Treatment Records (STRs) in the November 2018 rating decision.

The Board has remanded the claims for service connection due to new evidence being added to the record and a supplemental statement of the case (SSOC) not having been issued yet.

The Veteran's asthma, PTSD with depressive disorder and opioid use disorder, and TBI ratings are all remanded for further development.

The Veteran's TBI with insomnia disorder is rated at 40 percent effective September 1, 2016.,The Veteran's vertigo related to the service-connected TBI is rated at 10 percent effective September 1, 2016.

The Veteran's TBI, post-concussion headaches, right knee limitation of extension, and left knee limitation of extension were granted service connection effective June 29, 2016.,A 10 percent disability rating for right knee joint osteoarthritis was also granted effective June 29, 2016.

The Veteran's appeal is denied as there is no current evidence of the claimed conditions and service connection cannot be established.,There is no current diagnosis for gastric ulcers, and the Veteran did not have a diagnosed condition during or contemporary to the appeal period.

The Veteran's posttraumatic headaches are currently rated as non-compensable, and the TBI residuals are rated together with PTSD. The Board finds no basis for a separate compensable rating for TBI.,For the TBI component of his disability picture, the Veteran does not have subjective symptoms that moderately interfere with work, instrumental activities of daily living, or family relationships.

The Veteran's claims for a higher rating for PTSD and TDIU are being remanded due to the need for clarification regarding suicide attempts, treatment records, and employment information.

The Veteran's left ear hearing loss has been rated as noncompensable throughout the appeal period. The Board finds that his symptoms do not warrant a higher rating.,For PTSD, the Veteran's symptoms have resulted in occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. He has been rated at 70 percent for this period.

The Veteran's claims for service connection for hyperthyroidism, residuals of a right-hand injury, bilateral hearing loss, tinnitus, traumatic brain injury, left eye vision disorder, headaches, polycythemia vera, hypertension, and transient ischemic attack are being remanded due to the need for additional medical examinations.,The Veteran's claims will be further evaluated based on the results of these examinations.

The Board has remanded the case due to a need for an examination and opinion regarding whether the Veteran has residuals of a head injury, including TBI.

The Veteran's claims for service connection for TBI and Sleep Disorder have been reopened, but the Board is remanding these issues due to the need for additional examinations and consideration of new evidence.,Regarding his Tinnitus, the current single 10 percent evaluation assigned is the maximum schedular rating available under VA rating criteria.

The Veteran's claims for increased ratings and service connection have been denied. The Board found no new and material evidence to reopen the left arm and right arm disability claims, and denied all issues of increased rating or service connection.

The Veteran's claims for a higher rating for service-connected TBI and for a total disability rating based on individual unemployability (TDIU) prior to January 12, 2019 are remanded due to the need for additional retrospective medical opinions regarding his TBI from December 2014 to current.