Traumatic brain injury (TBI) decisions — 2023

The Board has remanded the Veteran's claims for service connection for frostbite of both feet due to inadequate examination and lack of medical evidence.

The Veteran's acquired psychiatric conditions, including TBI, are granted at a 50% rating prior to October 27, 2014 and at a 70% rating from August 2, 2019 until July 13, 2022. A separate compensable rating for residuals of the TBI is denied.

The Veteran's left and right upper extremity radiculopathy are granted as secondary to his service-connected cervical spine degenerative arthritis.,The Veteran's traumatic brain injury with migraine headaches is granted, supported by in-service diagnosis and continuity of symptoms since service.

The Veteran's claim for an increased rating for residuals of TBI was denied, but she received a separate 30% rating for lightheadedness and unsteadiness associated with her TBI. Service connection for a bladder disorder secondary to TBI was denied, and the Veteran's migraines were rated at 30%. The effective date is not specified.

The Veteran withdrew his appeals, including for service connection for residuals of a TBI and increased disability ratings for lumbar degenerative spondylosis and radiculopathy.

An effective date of July 7, 2016, for a 30 percent evaluation for headaches associated with service-connected TBI is granted.,Entitlement to separate initial compensable disability rating for headaches prior to July 7, 2016, and in excess of 30 percent thereafter, is denied.

The Board has remanded the claims for service connection for frostbite residuals of both upper extremities and TDIU due to unresolved procedural issues.

The Veteran's service-connected conditions do not preclude her from securing and maintaining substantially gainful employment, and the criteria for a TDIU are therefore denied. The initial rating for POTS is also denied.

The Veteran's appeal to reopen a claim of service connection for TBI is granted. The Board finds that further development of the record is needed for a proper adjudication of this claim.

The Board has dismissed the legacy appeals for extraschedular ratings for frostbite residuals of the bilateral upper and lower extremities due to the Veteran's timely election to opt into the modernized review system under the Appeals Modernization Act (AMA).

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations. The TDIU claim is also being remanded as it is inextricably intertwined with the other claims.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to March 4, 2017.

The Board denied service connection for bilateral hearing loss, TBI, and noncardiac chest disability manifested by pain due to lack of evidence showing current disabilities related to these conditions. The Veteran's failure to attend scheduled VA examinations without good cause resulted in denial of the claims.

The Veteran's OSA and headaches are granted as secondary to service-connected disabilities, while his TBI claim is denied. Effective dates for the grants of service connection have been set at August 28, 2015.

The Board has remanded the case due to discrepancies in the record and need for further clarification regarding the Veteran's ability to obtain suitable employment with his additional service-connected disabilities. The VRC is instructed to provide a supplemental opinion addressing these issues.

The Board has decided to remand the case due to insufficient reasoning in a previous VA examination regarding the Veteran's claim of TBI. The Veteran is requested to provide additional medical evidence and an expert opinion.

The Veteran's TDIU claim is being remanded to obtain an assessment of the impact of his service-connected disabilities on his employability prior to March 18, 2019.

All appeals for service connection and increased evaluations have been dismissed due to the Veteran's withdrawal of all issues.,An effective date of January 26, 2018, has been granted for a 50 percent disability evaluation for headaches.

The Board has remanded the Veteran's claims for service connection for a heart disability, increased ratings for PTSD and left shoulder disabilities, and TDIU due to incompletion of VA examinations and lack of sufficient information regarding the Veteran's conditions.

The Veteran's request to increase the ratings for TBI and PTSD, as well as reopen his claims for service connection of right foot and left foot disabilities, was granted. However, a separate rating for other TBI residuals is remanded.