Traumatic brain injury (TBI) decisions — 2023

The Veteran's claims for service connection for TBI and CFS are remanded due to the need for additional medical opinions and evidence.

The Board denied service connection for an acquired psychiatric disorder, right knee disability, left knee disability, and traumatic brain injury due to lack of evidence supporting these conditions were incurred or aggravated by service.

The Veteran was found unable to secure and follow a substantially gainful occupation due to his service-connected disabilities prior to September 20, 2013.

The Board has remanded the Veteran's claims for increased ratings for residuals of TBI, migraines, and low back strain due to unclear severity and missing VA treatment records. A new VA examination is needed to determine current symptomatology and severity.

The Veteran's appeal of service connection for CFS was dismissed. The claims for TBI, skin condition, bilateral shin splints, and right thumb fracture residuals were denied as there is no persuasive evidence of current disabilities or symptoms related to these conditions. The claim for bilateral hearing loss was also denied due to lack of a diagnosed disability.

The Veteran's service-connected traumatic brain injury (TBI) residuals are rated at 70 percent, but no greater. The Board found that the Veteran displayed symptomology deserving of a 70 percent rating for his TBI disabilities.

The Veteran's claims for service connection for residuals of TBI with mood swings, irritability, and memory problems; right foot disability (now claimed as fallen arches and/or flatfoot); and left foot disability (now claimed as fallen arches and/or flatfoot) are remanded.,The Veteran's claims for an initial compensable disability rating for degenerative joint disease of the right knee with limited flexion from November 17, 2016; a disability rating in excess of 40 percent for degenerative joint disease of the left knee (previously rated as patellofemoral pain syndrome of the left knee); and an initial compensable disability rating for degenerative joint disease of the left knee with painful flexion are remanded.,The Veteran's claims for a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) based on aid and attendance/homebound are remanded.,The Veteran's claims for an effective date prior to November 17, 2016 for the grant of an increased disability rating for degenerative joint disease of the right knee with limited extension; and an effective date prior to November 17, 2016 for the grant of an increased disability rating for degenerative joint disease of the left knee with limited extension are remanded.

The appeals for service connection for various conditions have been dismissed as the Veteran withdrew his claims and did not provide new and material evidence within one year of the final rating decision.

The Veteran's PTSD is rated at 70 percent for the period prior to August 12, 2022. The appeal continues as a higher rating is not assigned.,The Veteran's PTSD is denied for ratings in excess of 70 percent from August 12, 2022 onward.

The Veteran's TBI is rated at 40 percent from July 17, 2014. The Veteran's migraine headaches are not rated higher than noncompensable.

The Veteran's TBI is currently rated at 40 percent since September 21, 2020. The Board denied a higher rating for the condition prior to that date.

The Board has remanded the claims due to new legislation and incomplete service records, including potential active duty service in Afghanistan.

The Board has remanded the claims for service connection due to incomplete records and insufficient medical opinions. The Veteran died from COPD, which is not related to service.

The Board has remanded the Veteran's claims for service connection due to incomplete or missing service treatment records, and for additional development of his disabilities. The issues include DDD (back pain), scoliosis, bilateral hearing loss disability, tinnitus, deviated nasal septum, traumatic brain injury, PTSD, and sleep apnea.

The Veteran's tinnitus is already at the maximum schedular rating of 10 percent.,The Veteran's headaches are rated at 30 percent, which is the highest possible under DC 8100. The Veteran does not meet the criteria for a higher rating as his attacks do not qualify as very frequent and prostrating.

The Board has remanded the Veteran's claims for service connection for a TBI, an increased rating for left lower extremity radiculopathy, and a TDIU claim due to unresolved issues regarding the nature and etiology of his symptoms. The Veteran is requested to provide medical records related to his November 1976 motor vehicle accident and treatment at Lutheran Hospital.

The Board has remanded the Veteran's claims for service connection due to incomplete records and a need for further examinations. The issues include frostbite of the bilateral feet, an acquired psychiatric disability (claimed as depression), hypertension, hepatitis C, erectile dysfunction, skin disability, lower back disability, skeletal arthritis, bilateral eye disability, bilateral sinus disability, esophageal disability, and stomach disability.

The Veteran's claims for service connection for insomnia disorder and migraine headaches, both secondary to his service-connected major depression and anxiety and sleep apnea respectively, have been granted. The Board has also remanded the issues of service connection for bilateral eye disability, impairment of balance, bilateral hand disability (claimed as hand tremors), speech disability, and memory loss.

The Veteran's TBI was granted a 40% disability evaluation effective March 3, 2023. The RO is directed to obtain post-service medical records and provide an addendum opinion regarding the severity of his TBI prior to that date. Additionally, the RO must also obtain post-service medical records for his right ankle sprain and provide a retrospective opinion on its severity.

The Veteran's back disability, including headaches and fatigue, residuals of TBI, left ankle impingement syndrome, and left foot plantar fasciitis are granted initial ratings. However, the issues related to service connection for these conditions remain pending as they require additional evidence.