Traumatic brain injury (TBI) decisions — 2023

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations, development of records, and consideration of his TDIU claim. The issues include PTSD, urinary tract infection, splenomegaly, kidney stones, headaches (including TBI), fatigue, muscle and joint pain, respiratory disability, neurological disability, and TDIU.

The Veteran's claim for service connection for traumatic brain injury was denied in an August 2006 rating decision. The effective date of the grant of service connection for TBI is March 16, 2016, as it was received by VA on that day and granted a reopening of his previously denied claim.

The Veteran's claim for service connection for residuals of a traumatic brain injury (TBI), including memory loss and headaches, has been granted.,The Veteran's claim for service connection for a claimed disability of the right hand is remanded for further development.

The Board has remanded the case due to the need for additional development, including obtaining a VA examination to determine whether any diagnosed acquired psychiatric disorder is related to service-connected TBI and to distinguish symptoms attributable to each diagnosis.

The Board has decided to remand the case for further development and consideration, including a review of the initial rating assigned for Traumatic Brain Injury (TBI) and the issue of Total Disability Rating Based on Individual Unemployability (TDIU).

The Board has remanded several claims for higher initial ratings, including those for TBI and psychiatric disability, thoracic spine disability, and migraine headaches. Additional development is required to obtain VA treatment records and schedule the Veteran for a VA examination.

The Veteran's PTSD is found to be related to his active service.,The Veteran's headaches are found to be related to his service-connected cervical spine disability.,The Veteran's TBI is found to be related to his active service.,The Veteran's right shoulder disability is found to be related to his active service.,The Veteran's left ear hearing loss is found to be related to his active service.,The Veteran's tinnitus is found to be related to his active service.

The Board has granted the Veteran's appeal for service connection on the merits for a back disability and TBI, finding that VA did not properly notify them of the October 2016 rating decision. The issues are now remanded for further action.

The Veteran's claims for PTSD and TBI, migraine headaches, and TDIU are being remanded due to the need for additional development of his VA treatment records. The rating assigned will be determined after reviewing all evidence received since the last prior adjudication.

The Board has remanded the case due to the need for additional examinations and records, as well as clarification of the Veteran's employment status.

Service connection is granted for migraine headaches. Service connection for traumatic brain injury (TBI) is remanded.

The Veteran's claim for PTSD was reopened, as new evidence shows he has a current diagnosis of unspecified depressive disorder, unspecified schizophrenia, other psychotic disorder, major neurocognitive disorder secondary to TBI/gunshot wound to the head, substance abuse disorder, and PTSD.,The Veteran's right elbow disability was reopened, as new evidence suggests it may be related to his service-connected PTSD.

The Veteran's scar, residual of TBI, did not meet the criteria for a compensable rating due to lack of characteristics of disfigurement. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) has been raised and is being remanded for further review.

The Board has remanded the case due to insufficient evidence regarding service connection for TBI and its residuals, including headaches. The Veteran's history of head trauma during service is noted, along with ongoing symptoms such as memory problems and headaches.

The Board has denied the Veteran's claims for service connection for right leg disability, heart disability, and TBI as there is no competent and probative evidence indicating these conditions are related to service.

The Veteran's claim for a higher rating for his PTSD with Traumatic Brain Injury is remanded due to the need for new medical evidence and an updated VA examination.

The Board has granted service connection for a hiatal hernia and remanded the issues of service connection for traumatic brain injury (TBI) residuals and a neck disability.

The veteran withdrew their appeals for increased disability ratings in both posttraumatic stress disorder and cerebellar stroke and traumatic brain injury cases. The Board has dismissed these appeals as a result.

The Board has remanded the claims for service connection for a right knee disorder as secondary to service-connected residuals of a brown recluse spider bite, an initial disability rating higher than 10 percent for TBI (excluding migraine headaches), and entitlement to a total disability rating based on individual unemployability due to the need for additional development. The Board also directed VA to obtain relevant medical records and provide another VA examination.

The Veteran's appeal for a disability rating in excess of 70 percent from July 30, 2019 was dismissed. A 70 percent disability rating for PTSD with TBI is granted from August 28, 2018 to July 30, 2019. The Veteran's claim for a higher initial rating for PTSD with TBI prior to August 28, 2018 was denied. A 20 percent disability rating for chronic dry eye syndrome associated with PTSD with TBI is granted.