Traumatic brain injury (TBI) decisions — 2023

The Veteran's claim for service connection for GERD was denied as there is no evidence of a current disability related to his honorable period of service.,Service connection for residuals of hazardous materials exposure was also denied due to lack of evidence linking the claimed conditions to his military service.

The appeal as to service connection for sleep disturbance and anxiety disorder is dismissed.,The appeals as to the remaining issues are remanded for further development.

The Veteran's service-connected disabilities, including PTSD and TBI residuals, prevented him from obtaining and retaining substantially gainful employment consistent with his educational background and work experience from July 23, 2014 through December 4, 2019.

The Veteran is granted an effective date of August 15, 2014 for the grant of Total Disability Rating Based on Individual Unemployability (TDIU). The earliest TDIU may be awarded from July 2, 2011. An earlier effective date cannot be granted as there was no indication of unemployability prior to this date.

Service connection is granted for residuals of frostbite of the left foot, right foot, and right knee. Service connection is remanded for residuals of frostbite of the left hand and right hand.,The Veteran's service treatment records show complaints of cold injuries to his feet and knees during active duty. Post-service medical evidence confirms current diagnoses of frostbite residuals in multiple limbs. The VA examiner provided opinions supporting the Veteran's claims, with one opinion finding that the Veteran's current conditions are related to his service.

The Board has dismissed the Veteran's appeals for service connection for TBI, Stroke under 38 U.S.C. § 1151, and Total Disability Based on Individual Unemployability (TDIU) due to the Veteran's withdrawal of these claims.

The Board has restored the original ratings for the Veteran's anxiety disorder NOS and traumatic brain injury, finding that the reduction in ratings was improper due to a failure to properly apply the provisions of 38 C.F.R. § 3.344.

The Veteran's TBI has been manifested by an impairment level of no more than '1' for any facet of cognitive impairment and other residuals of a TBI not otherwise classified apart from manifestations overlapping with and better assessed as a psychiatric disorder. The criteria for an initial rating higher than 10 percent for the Veteran's TBI have not been met.

The Board has found that the Veteran had a TBI in an in-service motor vehicle accident. However, it is unable to determine if any of his current symptoms are related to this TBI and thus remands for further development.

The Board denied the Veteran's claim for service connection of Traumatic Brain Injury (TBI) as there was no evidence showing a TBI occurred during active duty or is related to an in-service injury.

The Board has ordered the case back for further development and remand due to incomplete compliance with prior remand instructions regarding service connection for TBI and migraine headaches.

The Veteran's claims for PTSD, increased disability rating for unspecified trauma disorder and TBI, TDIU determination, and SMC under 38 U.S.C. § 1114(s) are pending. The Board has remanded the service connection claim for PTSD.

The Veteran's appeals have been dismissed due to his withdrawal of all contentions for the appeal scheduled before the Board.

The Board has granted service connection for the Veteran's TBI residuals, specifically his headaches, which are considered a TBI event resulting from an October 1977 head injury during active service.

The Veteran's claim for service connection for residuals of a traumatic brain injury (TBI), including an eye condition other than photophobia, is being remanded due to the need for additional medical opinions and treatment records.

The Board denied the Veteran's claim for service connection for residuals of a traumatic brain injury, finding that there was no credible evidence to support his claims and concluding that any current disability is not related to an in-service injury.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a qualifying hearing loss disability meeting VA's regulatory definition.,Service connection for TBI, whiplash, cervical spine disorder, lumbar spine disorder, sleep apnea, chronic fatigue, migraine headaches, and an acquired psychiatric disorder are remanded due to the need for further examination and clarification of medical opinions.

The Veteran's claims for special monthly compensation for housebound status and aid and attendance were denied as he did not meet the criteria for these benefits based on his service-connected disabilities.

The Board has remanded the case due to new evidence received after the issuance of the October 2019 SOC and a need for additional development, including obtaining a new medical opinion on the nature and etiology of the Veteran's claimed TBI and residuals of TBI.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include traumatic brain injury, upper and lower extremity conditions, seizure disorder, sleep disorders, TMJ disorder, headaches, and a back condition.