Traumatic brain injury (TBI) decisions — 2023

The Veteran's TBI is remanded for additional medical opinion to determine if it is related to the motor vehicle accident in service.,The Veteran's tenosynovitis of the right hand and left hand are remanded for additional medical opinion regarding whether they are secondary to cervical spondylosis and other service-connected conditions.,The Veteran's sleep apnea is remanded for additional medical opinion regarding whether it is related to PTSD, lower extremity disabilities (but-for causes).

The Veteran's tinnitus and headaches are granted service connection, but his TBI is denied. The Board found the evidence in equipoise for tinnitus and headaches, granting them based on noise exposure and credible testimony. Service connection for TBI was denied due to lack of documented head injury or concussion during service.

The Veteran's acute intermittent tension headaches are granted a 50 percent disability rating, while the appeal for a higher TBI rating is dismissed.

The Veteran's claim for service connection for Traumatic Brain Injury (TBI) is being remanded due to incomplete service treatment records. The AOJ must obtain and associate all relevant service treatment records, including those from his National Guard service.

The Veteran's migraines are granted a 50 percent rating, the maximum schedular rating. The issue of a higher rating for PTSD with depression and TBI residuals is dismissed.

The Board has decided to remand the claims of an initial compensable rating for TBI residuals and an increased rating for depressive disorder with anxious distress due to inadequate examination findings. The Veteran needs further evaluations by VA clinicians who have completed the DEMO TBI training module.

The Veteran's claims for service connection for acquired psychiatric disability, traumatic brain injury (TBI), back condition, and sleep apnea have been denied. The claim for service connection for an acquired psychiatric disability has been reopened due to new evidence.,The Veteran's TBI claim is denied as there is no credible evidence linking his current CVA to in-service head injuries.

The Board has decided to remand the Veteran's claims for service connection for a spine condition and TBI due to incomplete medical records from Robins Air Force Base. The AOJ is instructed to attempt to obtain these records and readjudicate the claims.

The Veteran's appeal is granted as the functional impairment resulting from his service-connected adjustment disorder, to include TBI, has at least approximated the 50 percent rating criteria under the General Rating Formula for Mental Disorders since the effective date of service connection. The case is remanded to obtain a new examination focusing on neuropsychological testing and assessing whether a separate compensable rating is warranted for cognitive impairment related to TBI.

The Veteran's claims for service connection for traumatic brain injury and an initial compensable rating for bilateral hearing loss are remanded due to the need for additional medical opinions.

The Veteran's TBI is currently assigned a noncompensable rating prior to September 11, 2020, and a 10 percent rating thereafter.,For the period of the appeal from September 11, 2020, the criteria for a rating in excess of 10 percent have not been met.

The Veteran withdrew his appeal regarding increased ratings for PTSD and TBI, which were previously granted in an August 2018 rating decision.

The Veteran's claim for service connection for a traumatic brain injury (TBI) is denied as there is no competent medical evidence of current residuals.,Service connection for a headache disability is granted, with the opinion stating that it is at least as likely as not incurred in or caused by his active service.

The Board has remanded the cases for further development and consideration, including obtaining additional medical records, scheduling VA examinations, and providing an addendum opinion regarding the Veteran's claimed conditions.

The Board has remanded the claims for service connection for a back disability, increased initial ratings for frostbite of the left and right great toes, and TDIU due to issues with obtaining adequate medical opinions and development.

The Veteran's hypertension was not incurred during or caused by his military service.,Service connection for unspecified depressive disorder with TBI and headaches, tinnitus, and left submandibular horizontal scar is denied as new evidence does not meet the criteria for reopening the claim.,Tinnitus already has a maximum 10% rating. No higher rating can be granted.,Left inguinal hernia residual scar and status post operative left inguinal hernia repair, left knee disability, and limitation of flexion of the left knee do not meet criteria for increased ratings as they are already at their maximum schedular ratings.

The Board has granted an earlier effective date of September 15, 2008 for the award of service connection for residuals of a traumatic brain injury (TBI). The Veteran's claim for TDIU prior to October 10, 2013 is also remanded.

The Veteran's claims for service connection for frostbite of the upper and lower extremities, as well as a rating in excess of 10 percent for residuals of shell fragment wound (SFW) of the left foot, have been denied.,Additionally, the Veteran's claim for a compensable rating for his left foot scar based on its area from May 31, 2023, and a rating in excess of 10 percent for his painful left foot scar from that date, were also denied.

The Veteran's bilateral ankle disability manifested by pain is granted as service connection, but his right ear hearing loss and bilateral leg disability (claimed as shin splints) are denied. The Board has remanded the claims for bilateral leg disability and residuals of TBI.,Service connection for residuals of traumatic brain injury (TBI) is also remanded.

The Veteran's tinnitus and bilateral hearing loss are granted as service-connected.,However, the claim for a neurocognitive disability, including TBI, is remanded due to pre-decisional duty to assist errors.