Traumatic brain injury (TBI) decisions — 2023

The Board has determined that the Appellant's discharge from service was under other than honorable conditions due to willful and persistent misconduct. The appeal is remanded for further development, including obtaining medical records related to a car accident during service and psychiatric treatment records.

The Veteran's posttraumatic headaches are rated at a 10 percent prior to December 3, 2015, and at a 30 percent thereafter. The Board found the evidence supported a higher rating due to increased severity of symptoms from December 3, 2015.

The Board has decided to remand the case due to procedural issues and new evidence, including statements, testimony, and medical opinions added to the record since the last time the RO addressed the merits in August 1999. The Veteran is entitled to a supplemental statement of the case addressing the merits of his claim for residuals of TBI.

The Board has remanded the case due to insufficient evidence regarding the onset and relationship of the Veteran's claimed conditions to his active service.

The Veteran's claims for increased evaluations of his service-connected chronic headache disorder, PTSD, and lumbosacral strain with arthritis are being remanded due to the need for updated VA examinations.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a TBI. The claims of entitlement to an initial disability rating in excess of 30 percent for anxiety disorder prior to June 29, 2017; and in excess of 10 percent thereafter are remanded.

The Board has remanded the cases for additional development, including obtaining service treatment and personnel records, scheduling a VA examination for the right shoulder disability, and clarifying numbness in the Veteran's feet. The issues of entitlement to service connection for a right shoulder disability and frostbite of the bilateral feet are still pending.

The Board has remanded the claim for a compensable rating for bilateral hearing loss, including on an extraschedular basis. The case is being referred to the Under Secretary for Benefits or Director of Compensation Service for consideration.

The Veteran's service-connected disabilities have rendered him unable to obtain or maintain substantially gainful employment since November 6, 2018. The Board has granted a total disability rating based on individual unemployability (TDIU) from that date.

The Board denied service connection for obstructive sleep apnea, hypertension, erectile dysfunction, seizure disorder, TBI, and neurocognitive disorder.,Service connection was not established for any of the claimed conditions as there was no evidence linking them to service or a service-connected disability.

The Board has determined that the Veteran's claims for service connection are remanded due to failure to obtain VA examinations and opinions as part of a prior remand. The issues include hearing loss, tinnitus, lung condition due to asbestos exposure, TBI, and non-prostrating posttraumatic headaches.

The Veteran's petition to reopen a claim for service connection for PTSD is granted. The Board finds that new and material evidence has been submitted, raising the possibility of substantiating the Veteran's claim.

The Board has determined that additional medical opinions are needed to address the relationship between the Veteran's current disabilities and her service-connected PTSD, as well as whether any of these conditions were caused or aggravated by her in-service exposure.

The Veteran's essential tremor is granted a 30 percent rating, and his TBI residuals with PTSD are granted a 50 percent rating prior to August 10, 2020. The remaining conditions have either not been rated or were denied.

The Veteran's appeal for service connection for right ear hearing loss has been dismissed.,The petition to reopen the claim for service connection for left ear hearing loss is dismissed.

The Veteran's claim for service connection for residuals of TBI has been granted. The issue of an initial disability rating in excess of 50 percent for PTSD with associated insomnia and depressed mood, as well as the issue of entitlement to a TDIU due to service-connected disabilities, have both been remanded.

The Board denied the Veteran's claim for service connection for cause of death, finding that neither his service-connected epilepsy nor any acquired psychiatric disorder contributed substantially or materially to his immediate cause of death.

The Veteran's TBI with bipolar disorder and tension headaches are both rated at their highest levels, but the Board has determined that further development is needed to ensure proper evaluation of these conditions.

The Board denied service connection for Traumatic Brain Injury and Meniere's disease, finding that the Veteran does not have these conditions during the period on appeal.

The Board has decided that the claims for service connection for residuals of a traumatic brain injury and a headache disorder, to include as due to TBI, need further development. The Veteran's symptoms and history will be reviewed by an examiner.