Traumatic brain injury (TBI) decisions — 2023

The Veteran's PTSD with shortness of breath and residuals of TBI is rated at 70 percent, which is the maximum available rating under the General Rating Formula for Mental Disorders.,The Veteran's lumbar spine disability has not been shown to warrant a higher than 10 percent rating.

The Veteran's TBI with MDD was granted a 70 percent rating, effective from May 27, 2022.

The Veteran's headaches associated with TBI are rated at 30 percent, effective October 29, 2013. The Board denied higher ratings based on the lack of current evidence of headaches.

The Veteran's claim of service connection for a TBI has been reopened, and the Board finds that new evidence supports this claim. However, the current evidence does not establish a current disability or link to military service.

The Board has remanded the claims for service connection due to insufficient medical opinions and need for additional evidence. The Veteran's TBI, undiagnosed illness leading to corticobasal degeneration, dementia, and back condition are all being reviewed.

The Veteran's claim for an initial rating of 70 percent for unspecified anxiety disorder, as well as claims for service connection for left knee disorder and low back strain, have been granted. The claim for residuals of traumatic brain injury was denied.

The Board denied the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) due to the lack of evidence supporting a TBI during active duty, and concluded that the current cognitive symptoms are related to other medical conditions.

The Veteran's TBI is rated at 40 percent, which does not meet the criteria for a higher rating.,The evidence does not establish that the Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board has determined that additional development is needed before the claims for service connection can be decided. The Veteran's claims are being remanded to allow for consideration of all evidence, including VA treatment records.

The Veteran's TBI residuals are related to a fall and head injury in service, and the Board has granted service connection for these residuals.

The Veteran's TBI residuals are rated at a 70 percent evaluation, effective October 23, 2008.

The Board has decided that the Veteran does not have a current hearing loss disability for VA compensation purposes and denied service connection for bilateral hearing loss. The remaining issues are remanded due to insufficient medical opinions.

The Veteran's appeal is being remanded due to the need for clarification of symptoms attributable to his post-concussive-type syndrome and TBI, as well as their severity.,A new medical examination with a neurologist will be required to address all symptomatology set forth in the most recent Board directives.

The Board has remanded several issues related to the Veteran's service connection claims, including a claim for residuals of a left toe injury and evaluations for persistent depressive disorder with alcohol use disorder in sustained remission and traumatic brain injury. The Board also ordered remand on issues regarding whether service connection had previously been established for loss of the maxilla and for loss of teeth under specific disability codes. Additionally, the TDIU claim prior to November 5, 2012 is being remanded.

The Veteran's initial disability rating for peripheral neuropathy of the left lower extremity has been granted at a 40 percent level, effective from April 23, 2012. The other issues remain denied.

The Board denied service connection for various conditions, including residuals of traumatic brain injury, left shoulder osteoarthritis, bilateral ankle condition, nephrolithiasis (due to herbicide exposure), bilateral knee osteoarthritis, lumbar spine degenerative joint disease, BLE sciatica, hypertension, and diverticulosis. The Veteran did not have these conditions at the time of service or within one year after discharge.

The Veteran's appeals for various disability ratings have been dismissed due to his withdrawal of the appeal.

The Board has remanded the case due to the Veteran's failure to report for VA examinations and his unstable housing situation. The claims of service connection for TBI, PTSD, unspecified depressive disorder, and schizotypal personality disorder are being reviewed again as new medical opinions are needed.

The Veteran withdrew his appeals regarding erectile dysfunction, TBI, and trigger finger before the Board could make a decision.

The Board found that VA waived any objection to the timeliness of the filing of the Veteran's substantive appeal, and thus granted the appeal for all issues listed in the August 2016 rating decision.