Traumatic brain injury (TBI) decisions — 2023

The Board has remanded the cases due to new evidence added since the July 2019 Statement of the Case.

The Veteran's mild neurocognitive disability due to a TBI and septal deviation with complete occlusion of the right nasal airway have been granted service connection.,His initial compensable disability rating for bilateral hearing loss has been denied.

Service connection for left ear hearing loss is granted due to in-service noise exposure.,Service connection for residuals of a traumatic brain injury is denied as there is no evidence of a current disability related to service.

The Veteran's entitlement to service connection for headaches has been granted.,Service connection was denied for the cyst, and the case is being remanded due to lack of pertinent evidence.

The Veteran's service connection claims for sinusitis, liver condition, left shoulder condition, right shoulder condition, left foot condition (including frostbite residuals), right foot condition (including frostbite residuals), and swollen and painful joints have all been granted. A rating of 20 percent has been assigned for the right lower extremity radiculopathy.

The Board has determined that the claims for service connection are remanded due to additional evidence being added after a previous Supplemental Statement of the Case. The appellant is seeking benefits on an accrued benefits basis and must provide proof she paid the Veteran's last expenses.

The Veteran's claims for increased ratings, service connection, and benefits related to her TBI and other conditions are being remanded due to the need for additional examinations and medical opinions.

The Veteran's service-connected disabilities, including his PTSD and TBI, have rendered him unable to dress or undress himself and require regular aid and attendance due to his mental incapacity.

The Board has remanded the claims for a disability rating in excess of 50 percent for PTSD prior to December 2, 2022 and for TDIU prior to that date. The referral of service connection for TBI is also remanded.

The Board has determined that additional evidence is needed to fully adjudicate the Veteran's claims for service connection for TBI and an acquired psychiatric disorder. The RO will review this new evidence and provide a supplemental statement of the case if necessary.

The Veteran's claims are being remanded for a new examination with a neurologist to evaluate his TBI, psychiatric, and migraine disability symptoms. The earlier effective date and increased rating claims are also being remanded as they are inextricably intertwined with the TBI claim.

The Board has ordered the remand of three issues related to the Veteran's TBI, left knee disability, and low back disability. The claims are being returned due to incomplete VA treatment records for Jamaica Plains VA Medical Center and insufficient qualifications of the examiner who conducted the July 2022 examinations.

The Board has decided to remand the case due to the inability to schedule a VA examination for the Veteran's TBI claim. The examiner is required to provide an opinion regarding whether the Veteran has residuals of a TBI, if it preexisted service, and if there was any aggravation during service or onset related to service.

The Board has decided to remand the claims for a TBI and acquired psychiatric disability, other than PTSD due to insufficient rationale in the May 2021 VA medical opinion regarding the etiology of the Veteran's TBI and TBI residuals. The claims are also associated with service connection.

The Veteran's bilateral hand and foot frostbite residuals, as well as his PTSD with depression, are all found to be related to service. Service connection is granted for these conditions.

The Veteran's appeals for service connection for bilateral hearing loss and shin splits have been dismissed. The Board has granted service connection for TBI, cervical spine condition, headaches, and other specified trauma-related disorder.

The Board denied the Veteran's claim for service connection for residuals of a frostbite injury to the bilateral foot, finding that new and material evidence had been submitted but not enough evidence was provided to establish a current disability. The Veteran is also denied special monthly compensation based on aid and attendance and/or housebound status as he has no service-connected disabilities. Finally, the Veteran's claim for TDIU was denied.

The Board has granted service connection for traumatic brain injury, migraine headaches, and obstructive sleep apnea secondary to PTSD. The Veteran's hypertension is rated at 10%.

The Veteran's claims for increased ratings for right and left foot arthroplasty residuals and frostbite injury residuals are being remanded due to the need for additional VA examinations.

The Board has denied service connection for bilateral hearing loss and remanded the case for further action regarding traumatic brain injury.