Traumatic brain injury (TBI) decisions — 2023

For the period before January 20, 2015, a disability rating higher than 20 percent for seizures is denied.,For the period between January 20, 2015 and August 18, 2020, a disability rating higher than 40 percent for seizures is denied.,For the period between August 18, 2020 and August 22, 2022, a 100 percent disability rating for seizures is granted.,For the period since August 22, 2022, a disability rating higher than 80 percent for seizures is denied.,Effective April 27, 2016, a 10 percent rating for cognitive impairment due to TBI is granted.,Effective April 25, 2022, a 70 percent rating for cognitive impairment due to TBI is granted.

The Veteran's PTSD is rated at 70% and denied a higher rating.,Service connection for the left knee condition is denied.

The application to reopen a claim for service connection for residuals of a head injury with seizures (also claimed as TBI) is denied.,Secondary service connection for tinnitus is granted, but secondary service connection for headaches is denied.

The Board has remanded the case for further development due to inconsistencies in medical opinions and examinations. The Veteran's TBI and PTSD are being evaluated, with specific focus on symptoms from April 28, 2014 to the present.

The Veteran's residuals of a traumatic brain injury are rated at 10 percent prior to July 21, 2020. Beginning July 21, 2020, the rating is denied as his condition does not warrant a higher rating.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence.,Service connection is being remanded for further review on these issues.

The Board has remanded the case due to insufficient development and lack of an opinion on whether TBI manifestations are distinguishable from non-service-connected mental health conditions.

The Board denied requests for earlier effective dates for service connection of Traumatic Brain Injury and a neck disability, finding that the earliest diagnoses occurred in April 1973 and April 2001 respectively, and thus the earliest date entitlement arose. The effective dates were set at March 17, 2016, for TBI, and February 24, 2012, for neck disability.

The appeal regarding entitlement to a higher rating for TBI is dismissed. A rating in excess of 10 percent for tinnitus is denied. The remaining issues are remanded.

The Board denied the Veteran's claim for service connection for head trauma, finding no evidence of a current TBI or residuals thereof. The Veteran was granted service connection for posttraumatic stress disorder (PTSD) and a deviated septum with sinus septoplasty.

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including higher ratings for depression with anxiety disorder and TBI, as well as propriety of reduction in right shoulder and headache ratings. The claims are being returned to the AOJ for further examination and consideration.

The Veteran's initial ratings for left and right knee chondromalacia have been granted at 10 percent. Separate 10 percent ratings have also been granted for left and right knee instability. Service connection has been remanded for several conditions, including shoulder disorders, ankle disorder, foot onychomycosis, TBI residuals, and PTSD.

The Board denied the Veteran's claims of service connection for TBI, Seizure Disorder, PTSD, and an acquired psychiatric disability other than PTSD (Major Depressive Disorder) due to lack of new and material evidence.

The Veteran's appeal for an increased disability rating and TDIU benefits are being remanded due to the need for additional VA medical records, a new examination, and completion of forms for TDIU.

The Board has dismissed all issues on appeal due to the Veteran's concurrent election of a supplemental claim, higher level review, and Board review.

The Veteran's claim for an effective date earlier than December 7, 2009 for the grant of service connection for posttraumatic headaches associated with a TBI was denied as there is no basis to assign such an earlier effective date.

The Board has determined that further development is necessary due to scheduling issues and the need for updated VA examinations. The Veteran's claims are being remanded for these purposes.

The Veteran's claim for service connection for bilateral hearing loss and TBI has been reopened, but the claims are denied as there is no current disability found to meet the criteria for these conditions.

The Veteran's initial compensable disability rating for residuals of a traumatic brain injury (TBI) has been denied.,The Veteran's peripheral vestibular disorder and benign paroxysmal positional vertigo have been remanded due to the need for a supplemental statement of the case.

Service connection is granted for musculoskeletal chest pain.,Service connection is denied for a heart disability.,Service connection is denied for residuals of frostbite to the left lower extremity and right lower extremity.,Service connection is remanded for a left ankle disability and sinus/respiratory disability.