Traumatic brain injury (TBI) decisions — 2023

The Board has remanded the case for additional development, including obtaining a retrospective medical opinion regarding the severity of the Veteran's TBI prior to July 2, 2021. The claim for impairment of the seventh cranial nerve under 38 U.S.C. § 1151 is denied.

The Veteran's service-connected disabilities do not result in loss or loss of use of a hand or foot, permanent vision impairment of both eyes, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of a knee or hip. Therefore, the Veteran is not eligible for financial assistance for an automobile and adaptive equipment.

The Board dismissed the Veteran's appeals for earlier effective dates of a temporary total rating and special monthly compensation based on housebound status, as both decisions were final.

The Veteran's claim for PTSD related to military sexual assault reasonably encompassed claims for TBI and Migraine Headaches. The effective date of September 24, 2007, is granted for the grant of service connection for these conditions.

The Veteran's claim for a higher rating for Traumatic Brain Injury (TBI) is dismissed, and his TDIU claim is denied.

The Board has remanded the case due to insufficient medical evidence to determine if the Veteran's TBI and Neurocognitive Disorder are related to his military service, specifically a reported MST incident. The case will be returned for further examination and opinion.

The Board has decided that the VA examination is inadequate and requires a new one to determine if the Veteran suffered a TBI in service and its relationship to current symptoms.

The Board has remanded the issues of service connection for various conditions including TBI, shoulder disability, arm disability, low back disability, and psychiatric disorder due to insufficient evidence or conflicting medical opinions.

The Board has denied the Veteran's claims for service connection for PTSD and remanded the issues of entitlement to a higher rating for acquired respiratory conditions, including COPD, emphysema with pleural plaques, bronchiolitis, and asbestosis, and entitlement to a separate compensable rating for pleural plaques. The TDIU claim is also being remanded.

The Board has granted service connection for bilateral carpal tunnel syndrome, sinus disorder, and traumatic brain injury. The decision does not address the secondary service connection claims.

The Veteran's appeal for a higher rating for PTSD and acne has been dismissed.,Service connection for TBI is granted, but the claim for hypertension secondary to service-connected PTSD or sleep apnea remains pending.

The Board has dismissed all appeals for service connection of various injuries and conditions as the appellant died during the pendency of these appeals.

The Veteran's PTSD and TBI with residuals are not rated higher than the current assigned ratings due to lack of evidence supporting more severe impairment.

The Board's decision to dismiss the service connection claims was vacated due to a pending substitution claim by the appellant.

The Veteran's MDD with anxious distress is granted as secondary to his service-connected migraine headaches.,The Veteran's TBI is granted based on evidence linking it to military service.,The Veteran's OSA is granted and linked to military service.

The Veteran's claim for a compensable disability rating for migraines has been denied as the evidence does not show characteristic prostrating attacks averaging at least once every two months.,The Veteran's claim for an increased rating for PTSD with alcohol use and TBI is remanded due to a duty to assist error. The AOJ must attempt to obtain private psychiatric treatment records from Dr. T.H.

The Veteran's appeals for increased PTSD and frostbite to face have been dismissed. The Board has remanded the remaining issues of service connection.

The Board has remanded the Veteran's claims for service connection for a Traumatic Brain Injury (TBI) and an acquired psychiatric disorder due to inconsistencies in his reported history of head trauma. The case requires further examination by VA to determine if any TBI preexisted service, whether it was aggravated by service, and its relation to service.

The Board has granted an earlier effective date of February 26, 2019 for a separate rating of TBI. The Veteran's claim for SMC based on housebound criteria prior to February 26, 2020 and Dependents' Educational Assistance (DEA) prior to that date have been denied.

The Board has remanded the Veteran's claims for service connection for a sleep disorder, heart palpitations, testosterone deficiency, and TBI due to additional development being necessary.