Traumatic brain injury (TBI) decisions — 2023

The Board has remanded the Veteran's claims of dental trauma, migraine headaches (secondary to dental trauma), TBI, and acquired psychiatric disability (including PTSD and depression) due to the need for additional service treatment records. The claims are inextricably intertwined with the new and material evidence claims.

The Board has remanded the claims for service connection due to insufficient evidence in the record, including missing service treatment records. The Veteran's conditions are being reviewed again with additional medical opinions based on all available information.

The Board has remanded the claims for service connection due to new and material evidence having been presented. The right knee disability claim is being remanded for further examination, while the TBI claim remains denied.

The Board has remanded the cases for additional development to obtain medical opinions regarding whether the Veteran's current diagnoses of Traumatic Brain Injury and Right Knee Disorder are etiologically related to service.

The Veteran's PTSD with TBI has been rated at 70% since December 11, 2017. The Board finds that the evidence is in equipoise as to whether his service-connected disabilities have rendered him unemployable from performing all forms of substantially gainful employment.

The Board has remanded the Veteran's claims for obstructive sleep apnea and residuals of traumatic brain injury due to incomplete medical opinions in previous examinations. The Veteran is required to undergo new VA examinations to determine if his conditions are related to service.

A 30 percent disability evaluation for headaches associated with a TBI from April 1, 2016 to September 18, 2017 is granted.

The Veteran's claim for service connection for residuals, left periorbital injury is being remanded due to the submission of new and material evidence. The claims for a higher disability rating for his scar over the left eye and for an acquired psychiatric disorder are also being remanded.

The Board denied service connection for sleep apnea and traumatic brain injury, finding that the evidence did not support a link to service or service-connected conditions.

The Veteran's claim for bilateral hearing loss is denied as he does not have a current disability for VA purposes.,The Veteran's claim for tinnitus is granted as his tinnitus is etiologically related to noise exposure in service.

The Board has remanded the claims for a VA examination to determine if the Veteran's current TBI, speech disorder, learning/cognitive disorder, and balance problems are related to his active service. The Veteran failed to appear for the scheduled examinations.

The Board has remanded the claims for service connection for various conditions, including PTSD, MDD, depression, anxiety, memory problems, TBI residuals, insomnia, gastrointestinal disorder, sinus condition, CFS, loss of smell, morning stiffness and weakness, bilateral eye condition, OSA, and right shoulder disability. The AOJ is instructed to continue developing the claims by obtaining additional VA and private treatment records.

The Veteran's appeals for service connection were dismissed due to the Veteran withdrawing his appeals for bilateral sinus condition and TBI. The appeals for bilateral foot, lower back, and right knee conditions are remanded.

The Board has remanded several issues related to the Veteran's service connection claims, including TBI, inguinal hernia residuals, left and right knee strains. The cases are being returned for additional development.

The Veteran's TBI is currently rated at 40 percent, which is the maximum rating available under DC 8045. The Board found that his condition does not warrant a higher rating based on the evidence provided.

The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn.,The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn.,The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn.,The Veteran's appeal for an earlier effective date has been withdrawn.,The Veteran's appeal for an earlier effective date has been withdrawn.,New evidence has been submitted to reopen the service connection claim for obstructive sleep apnea, but further review is needed before a decision can be made.,The Veteran's service connection claim for hypertension remains pending and requires additional development.,The Veteran's service connection claim for gastroesophageal reflux disease (GERD) remains pending and requires additional development.,The Veteran's service connection claim for a neck disability remains pending and requires additional development.,The Veteran's service connection claim for traumatic brain injury (TBI) remains pending and requires additional development.

The Veteran's claim of service connection for a traumatic brain injury (TBI) was denied due to the lack of current diagnosis and no evidence linking his symptoms to active duty. The claim for TDIU was also denied as the Veteran's service-connected disabilities did not render him unemployable.

The Veteran's acquired psychiatric disability, including his TBI, has resulted in total occupational and social impairment since April 11, 2018.

The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's TBI preexisted service and was aggravated by service.

The Veteran's claims for service connection have been granted, but the appeals are remanded for further development and rating actions.