Traumatic brain injury (TBI) decisions — 2023

The Veteran's appeal is being remanded due to the need for updated VA treatment records and a new VA examination to assess his TBI with headaches, as well as an evaluation of whether he should be granted a TDIU based on these conditions.

The Board has remanded the Veteran's claims for service connection and rating of his conditions due to new etiological opinions being needed.

The Veteran's claims for increased ratings have been denied as he is already receiving the highest possible schedular rating for his cold injury frostbite and tarsal tunnel syndrome with scar.

The Veteran's claim for a rating in excess of 70 percent for PTSD and TBI is being remanded due to the receipt of additional VA clinical documentation and examination records. The Veteran has not waived review of these documents.

The Veteran's appeal is remanded due to the need for separate evaluations of PTSD and TBI, as well as clarification of the VA examiner's opinion regarding which symptoms are attributable to each condition.

The Board has remanded the claims for epistaxis, frostbite of the hands and feet, lumbar spine disability, and eye disorder due to inadequate opinions in previous VA examinations.

The Veteran's appeal has been dismissed as the representative withdrew all claims on appeal prior to a decision being made.

The Veteran's appeal for service connection for obstructive sleep apnea was denied, and his claim for an increased rating for TBI residuals (which includes an acquired psychiatric disability) was also denied.

The Board has decided to remand the Veteran's claims for service connection for TBI and entitlement to TDIU due to a failure to schedule an examination, resulting in a duty to assist error.

The Board has granted service connection for the Veteran's Traumatic Brain Injury (TBI) as it is related to an injury sustained during active-duty service.

The Veteran's service-connected disabilities are deemed to have rendered him unemployable since November 2008, and the Board has referred the issue of TDIU prior to May 9, 2014, on an extraschedular basis for further consideration.

The Board has remanded the cases for additional development due to inadequate VA examinations and in order to address whether the Veteran is entitled to additional disability ratings for his TBI residuals, including symptoms of memory loss, mildly impaired visual spatial orientation, headaches, vertigo, insomnia, decreased focus and concentration. The rating for migraines associated with TBI was also remanded.

The Board has remanded the claims for increased ratings for the residuals of a TBI with major depressive disorder and other specified trauma and stressor related disorder with vertigo, as well as the claim for an initial compensable rating for chronic headaches associated with the residuals of a TBI. The Veteran is also being asked to undergo additional examinations to determine the current nature and severity of his disabilities.

The Veteran's residuals of TBI and associated tension headaches have been granted initial disability ratings, with the rating for residuals of TBI being 40 percent from May 12, 2011 to February 4, 2020.

The Board has decided that further development is needed for the Veteran's claim of service connection for erectile dysfunction (ED), as it may be related to his service-connected conditions. The case is being remanded for a medical examination and opinion.

The Veteran's headaches associated with TBI are rated at a maximum of 50 percent, and his tinnitus is granted service connection.

The Board has granted service connection for TBI and remanded the issues of bilateral hearing loss, sleep apnea, and an increased rating for PTSD prior to August 11, 2019. The Veteran's claims are being returned for further development.

The Veteran's residuals of traumatic brain injury and paroxysmal positional vertigo have been granted service connection.,Other issues, including those related to the left shoulder, right shoulder, right knee, right hand carpal tunnel syndrome, respiratory disability, chronic fatigue, hemorrhoids (secondary to IBS), insomnia (secondary to PTSD), memory loss (secondary to PTSD), and PTSD ratings, are still pending.

The Board has determined that the VA examination report is internally inconsistent and requires additional medical evidence to determine if the Veteran has a TBI related to service.

The Veteran's service connection for residuals of head injury, to include a traumatic brain injury (TBI), is granted. The matter of an initial compensable disability rating for loss of teeth due to trauma is remanded.