Traumatic brain injury (TBI) decisions — 2023

The Board has determined that additional development is needed for the Veteran's right lower extremity scars, right hip disability, and traumatic brain injury (TBI) claims. The VA will schedule the Veteran for a new examination to assess the severity of his service-connected right hip disability and provide him with a supplemental statement of the case regarding all issues remanded in this opinion.

The Board has remanded the cases for further action due to incomplete records and a need to readjudicate the claims, including consideration of all service treatment records.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination. The issues include TBI, short term memory loss as secondary to TBI, and right hip arthritis.

The Veteran's appeal is being remanded to obtain additional medical evidence and clarify the dates of his service-connected disabilities, including TBI residuals and insomnia. The AOJ will also request clarification from the Veteran regarding his employment history.

The Veteran's depressive disorder with anxiety is granted a 70 percent rating, effective from January 27, 2016. The Veteran's TBI residuals are granted a 40 percent rating, also effective from January 27, 2016.

The Board denied the Veteran's claim for a total disability rating on individual employability prior to March 24, 2017, finding that his service-connected disabilities did not prevent him from securing or maintaining substantially gainful employment.

The Board has remanded the cases for further development and examination to determine if the Veteran's hearing loss, TBI residuals, and right elbow nerve condition are related to service. The VA will obtain any outstanding treatment records and schedule the Veteran for examinations to address these issues.

The Veteran's claims for a compensable rating prior to January 6, 2020, and an increased rating thereafter for bilateral hearing loss, service connection for traumatic brain injury (TBI), and total disability based on individual unemployability (TDIU) are being remanded due to the need for additional development.

The Veteran's claims for service connection for residuals of traumatic brain injury and carpal tunnel in right wrist are granted. The claim for service connection for bilateral foot condition to include plantar fascitis is remanded due to inadequate VA examination.

The Board has remanded multiple service connection claims due to insufficient medical opinions regarding the onset and continuity of symptoms, as well as the relationship between current disabilities and active duty service.

The Veteran's service-connected migraine headaches and traumatic brain injury were improperly reduced from 30% and 40%, respectively, to noncompensable effective September 14, 2018. The ratings are restored.

The Veteran's claim for service connection for a TBI has been reopened, but the evidence does not establish that his TBI was incurred in service.,The Veteran's claim for service connection for headaches secondary to TBI has also been reopened. The evidence does not show that his headaches began within the applicable presumptive period or are otherwise related to his TBI.

The Veteran's claim for an increased rating for migraine headaches associated with traumatic brain injury (TBI) is remanded due to the need for a new VA examination.

The Veteran's migraine headaches and related disabilities were granted a higher rating from April 13, 2016. A TDIU was also granted for the same period due to her service-connected conditions.

The Veteran's service-connected TBI and headaches have prevented him from maintaining substantially gainful employment since August 29, 2012. The Board granted a total disability rating based on individual unemployability (TDIU) effective that date.

The Veteran's TBI is associated with level 1 subjective complaints, which mildly interfere with work and other close relationships. The Board granted a compensable rating for the condition prior to January 8, 2021, but denied an increased rating from that date.

The Board has remanded the case for another VA examination to determine the current severity of the Veteran's service-connected psychiatric disability, including assessing symptoms such as impaired impulse control and outbursts of anger.

The Veteran's claims for higher ratings for TMJ, TBI, and PTSD have been denied. The claim for an initial compensable rating for post-traumatic headaches prior to May 20, 2022, has also been denied.

The Veteran's claim for an increased rating for residuals of a service-connected TBI is remanded due to the need for objective neuropsychological testing and a full VA examination.

The Veteran's TBI and PTSD symptoms have worsened since his last VA examination in 2017, and a new VA examination is needed to determine the current severity of his service-connected TBI.