Traumatic brain injury (TBI) decisions — 2023

The Veteran's TBI with unspecified depressive disorder is granted an initial increased rating of 70 percent, but no greater. The compensable rating for erectile dysfunction (ED) remains denied.

The Veteran's service connection claims for various disabilities, including bilateral foot, wrist, ankle, knee, groin injury with residual erectile dysfunction, TBI with headaches, lumbar spine disability, cervical spine disability, and bilateral hearing loss disability, have been denied as the evidence does not support a finding that these conditions were incurred or aggravated during active duty service.

The Board has reopened the Veteran's claim for service connection for residuals of a TBI due to new and material evidence. However, the claim is remanded as there are insufficient VA examination records to make a decision on the merits.

The Board denied the Veteran's claims for service connection for residuals of a cold injury (claimed as frostbite) and stomach disorder (to include GERD).,The matter of service connection for a cardiac disorder is remanded.

The Veteran's claim for an increased rating for residuals of a traumatic brain injury (TBI) was denied. A separate 30 percent rating for vertigo is granted beginning October 31, 2022.

The Veteran's claim for service connection for a left shoulder disability is granted. The claims for service connection for back, psychiatric disorders (including PTSD and major depressive disorder), TBI residuals, sleep apnea secondary to TBI, and seizure disorder secondary to TBI or acquired psychiatric disorder are remanded.

The Board denied service connection for right shoulder and elbow conditions, finding no evidence of a nexus to active service.,Service connection was also denied for residuals of frostbite of the feet (polyneuropathy), with the Board concluding that there is no direct link between the condition and active service.

The Board has decided to remand the case due to inadequate examination reports and the need for further evaluations of the Veteran's PTSD and TBI.

The Veteran's TBI residuals are rated as noncompensable prior to September 16, 2016 and granted a 10 percent rating from September 16, 2016 to May 15, 2019. The Veteran is not entitled to a higher rating for his TBI since May 16, 2019.

The Veteran is granted a rating of 70 percent for anxiety disorder, effective November 17, 2013. The effective date was determined based on the grant of service connection for anxiety disorder with TBI.

The Veteran's claim for a RLE neurological condition has been reopened due to new evidence. The hearing loss and PTSD claims have been denied, while the TBI and related conditions (headaches) are remanded. The right knee and foot conditions remain in dispute.

The Veteran's TBI and right eye injuries are rated at the lowest possible levels, with no higher ratings granted. The decision denies all requests for increased disability ratings.

The Veteran's claim for a disability evaluation in excess of 20 percent for service-connected lumbosacral strain has been denied.,The Veteran's claims for service connection for residuals of a head injury (claimed as traumatic brain injury (TBI)), and a cervical spine condition, as secondary to service-connected left knee disability and/or lumbosacral strain have been remanded.

The Veteran's appeal is remanded for further development and examination to determine the severity of his right foot disability, as well as the etiology of his claimed TBI, neck, and nose disabilities. The claims for service connection are also remanded.

The Board has remanded the Veteran's claims for increased ratings for his depressive disorder with TBI disability and migraine headaches, as well as his claim for TDIU prior to July 10, 2021 due to incomplete development. The claims are now before the Board again.

The Board has remanded the Veteran's claims for service connection for TBI and a headache disorder due to new VA examinations being required. The Veteran is seeking service connection for these conditions, with one theory of entitlement being that they are related to military service.

The Board denied the Veteran's claim for TDIU as his service-connected disabilities did not prevent him from securing or following substantially gainful employment.

The Veteran's claim of service connection for diabetes was denied in the February 2010 Board decision. New evidence received since then is not material to reopen this claim.,Right ear tinnitus was not shown as chronic in service and did not manifest within a year after discharge, nor is there continuity of symptomatology or etiological link to service. The Veteran's current right ear tinnitus is rated at 10 percent disabling under DC 7122 for arthralgia or other pain, numbness, or cold sensitivity.,Frostbite residuals of the left and right hands have been rated at 10 percent since May 11, 2016. The Veteran's current condition includes arthralgia, numbness, and cold sensitivity with tissue loss from frostbite. A higher rating is not warranted as there are no additional symptoms such as nail abnormalities, color changes, locally impaired sensation, hyperhidrosis, or x-ray abnormalities.

The Board has remanded the case due to insufficient development and lack of substantial compliance with prior remand directives. The Veteran's claim for service connection for headaches, including as a residual of TBI or due to an undiagnosed illness, is being returned for further development.

The Board denied a compensable rating for residuals of TBI, finding that the Veteran's headaches were more likely due to non-service-connected disabilities. The appeal is not about service connection.