Traumatic brain injury (TBI) decisions — 2023

The Veteran's initial rating for TBI residuals and migraine headaches was increased from 10 percent to 0 percent, effective October 12, 2022. The reduction of the rating is being remanded due to procedural errors.

The Veteran's service-connected paranoid schizophrenia is granted, effective from the date of the decision.,A 50 percent disability rating for migraine headaches is granted.

The Board has remanded the cases for further development and consideration. The Veteran's claims for service connection for frostbite of bilateral feet and hepatitis are denied due to lack of evidence linking these conditions to his military service.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including VA examinations.

The Board denied the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) as there was no clinical diagnosis of TBI with current residuals at any time during the appeal.

The Board has remanded the claims of entitlement to service connection for residuals of a traumatic brain injury, migraine headaches, and an acquired psychiatric disorder due to inadequate VA examinations.

The Board has determined that the Veteran does not have a current diagnosis of TBI with residuals, and thus service connection for this condition is denied. The issues of sleep apnea, major depressive disorder, other specified trauma disorder, chronic lumbosacral muscular strain with degenerative disc disease of the thoracic spine, post traumatic synovitis left ankle, and TDIU are all remanded for further development.

The Veteran's TDIU due solely to a service-connected TBI is granted as of March 25, 2013. SMC under 38 U.S.C. § 1134 is granted from March 27, 2015, to May 8, 2016.

The Board has remanded the claims for service connection for residuals of a head injury, headaches, and brain thrombosis due to in-service injuries. Additional clarification is needed regarding the etiology of these conditions.

The Board has remanded the Veteran's claims for increased ratings for her service-connected left knee strain, right knee status post synovectomy and degenerative spur at superior patella, left knee instability, right knee instability, and traumatic brain injury (TBI). The remand requires additional development including new VA examinations to assess the severity of these disabilities.

The Veteran's service connection claim for residuals of traumatic brain injury is granted as the evidence is in approximate balance regarding whether his current symptoms are attributable to his in-service TBI.

The Veteran's TBI residuals are currently rated as 10 percent disabling, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Board has remanded the Veteran's claims for an initial compensable rating for service-connected syncope, a higher initial rating for his service-connected psychiatric condition with TBI, and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected conditions. The AOJ is instructed to obtain pertinent medical records and provide the Veteran with an opinion regarding his reported 'dizzy spells'.

The Veteran's claims for service connection and increased rating for right maxillary sinusitis secondary to fracture zygoma are denied as the earliest effective date is August 1, 2016.

Service connection for a traumatic brain injury (TBI) is granted.,Effective October 18, 2013, the Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment.

The Veteran's appeal for residuals of a left finger injury is dismissed due to the appellant's withdrawal.,Service connection for bilateral hearing loss is denied as there is no current disability and the evidence does not support its onset during service or within one year after separation.,The Veteran's claim for an acquired psychiatric disability (claimed as PTSD) is remanded. The Board requires VA to attempt to corroborate in-service stressors and provide a medical examination to determine if the condition is related to service.,The Veteran's claim for residuals of traumatic brain injury (claimed as a head injury) is remanded. A medical examination is required to determine if his current symptoms are related to an in-service head injury.,The Veteran's claim for a bilateral eye disability is remanded. The VA must provide a medical examination to determine if the condition is related to service and/or aggravated by any service-connected disabilities.

The Board has determined that the Veteran's claims for PTSD and Traumatic Brain Injury require additional consideration due to newly added service treatment records. The case is being remanded for further review.

The Board has dismissed the claims for TDIU and a higher rating for left shoulder disability, as well as remanded the claim for service connection of residuals of concussion or traumatic brain injury (TBI).

The Veteran's claim for a compensable rating for his front hairline surgical scar was denied. The Veteran's claim for service connection for psoriasis, claimed as secondary to hepatitis C is granted.,The Veteran's claims for service connection for sleep apnea and traumatic brain injury are remanded due to insufficient evidence.

The Board has decided that a TBI examination is needed due to conflicting reports of the extent and nature of the Veteran's in-service head injury, as well as his current symptoms. The decision also requires obtaining any outstanding VA treatment records and private treatment records for the Veteran.