Traumatic brain injury (TBI) decisions — 2023

The Board has remanded the cases for additional medical opinions to determine if the Veteran's current TBI residuals and bilateral hearing loss are related to his service, specifically his in-service head injury.

The Board has remanded the issues of service connection for TBI residuals, PTSD, migraines, and tinnitus due to the character of discharge issue. The appellant's military service is being reviewed for a possible upgrade in his character of discharge from other than honorable conditions.

The Board has decided to remand the cases for further development and examination due to the Veteran's failure to appear for scheduled hearings, and because there are outstanding STRs and treatment records that need to be obtained. The examiner will assess whether the Veteran has any residuals from in-service frostbite.

The Veteran's PTSD with unspecified depressive disorder and TBI is rated at 70 percent, but the Board denied a rating in excess of this amount. The claim for TDIU was also denied.

The Veteran's appeal is remanded for further development, including a VA examination to assess the severity of his service-connected PTSD, adjustment disorder with depression, and cognitive disorder due to traumatic brain injury. Additionally, he needs a VA TERA examination to determine if his allergic conjunctivitis is related to service, specifically considering his presumed toxic exposure in service.

The Board has remanded the Veteran's claims for an increased rating for TBI with posttraumatic headaches due to inconsistencies in VA examination findings and need for additional development.

The Veteran's claims for service connection for residuals of traumatic brain injury, a 70% disability rating for acquired psychiatric disability, and a 50% initial disability rating for migraines have been granted. The claim for a higher rating for migraines has been denied, as well as the claim for a higher rating for right ilioinguinal nerve neuropathy.

The Veteran is granted SMC under 38 U.S.C. § 1114(t) for the need of regular aid and attendance due to service-connected TBI, as he requires daily assistance in all aspects of daily living and would require hospitalization if not provided with such care.

The Veteran's initial TBI residuals are granted at a 10% rating, and his anxiety disorder is initially granted at a 70% rating from December 20, 2012 to December 27, 2016. However, the claim for an increased rating beyond 70% for anxiety disorder from December 28, 2016 is denied.

The Board has determined that the Veteran did not experience a TBI event in service and does not have residuals of a TBI. The acquired psychiatric disorder is also denied as there is no evidence to support its onset during or within one year after service.

The Veteran's service-connected disabilities do not render him unemployable at any point during the period on appeal.

The Veteran's PTSD is granted, but the claims for right knee disability and TBI residuals are remanded due to insufficient evidence.

The Board has determined that a remand is necessary for the Veteran to undergo VA examinations to address his claims of service connection for TBI, increased ratings for left ankle and shoulder disabilities. The current evidence does not provide sufficient information to determine if these conditions are related to service.

The Board has granted service connection for a right thumb disability and a right thumb scar. The remaining issues of service connection have been remanded due to inadequate VA examinations.

The Board has remanded the claims for service connection for TBI, headaches, and a psychiatric disorder due to potential issues with the examination conducted by the VA. The Veteran is seeking service connection for these conditions based on his in-service experiences.

The Board has remanded the cases for further development due to incomplete information and procedural issues.

The Board denied a rating in excess of 40 percent for the Veteran's TBI residuals and denied an award of Total Disability due to Individual Unemployability (TDIU) prior to July 21, 2016. The Veteran was assigned a 40 percent disability rating for his TBI throughout the appeal period.

The Board has remanded the Veteran's claims for service connection for residuals of a TBI and an initial compensable rating for right index finger disability due to lack of proper notification regarding scheduled VA examinations.

Service connection is granted for tinnitus and PTSD with MDD and polysubstance use disorder. Service connection is denied for TBI residuals.

The Board has found the VA examination and opinions addressing the Veteran's claimed TBI to be inadequate. The Veteran is remanded for another VA examination to assess the nature and etiology of his claimed TBI.