Traumatic brain injury (TBI) decisions — 2023

The Veteran has withdrawn their appeals for the issues of service connection for TBI and a disability evaluation for concussion headaches. The Board has dismissed these issues.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional medical examinations and evaluations.

The Veteran's petition to reopen the claim for service connection for anxiety disorder and depressive disorder is granted. The claims for PTSD and traumatic brain injury with headache disorder are remanded due to insufficient evidence.

The Veteran's claims for service connection for heart disability, right carpal tunnel syndrome, left carpal tunnel syndrome, traumatic brain injury, and polyarthropathy are remanded due to the need for additional medical examinations and development of records.

The Veteran withdrew all his appeals regarding the evaluations and effective dates for his service-connected conditions, including seizure disorder, traumatic brain injury, left rotator cuff syndrome, and surgical scar of the left shoulder. The appeal is dismissed.

The Veteran's mTBI and OSA are granted service connection, but his BHL does not meet the criteria for a compensable disability rating.

The Veteran's claim for an initial rating in excess of 50 percent for MDD with TBI is denied. Service connection for allergic rhinitis is also denied.

The Veteran's claim for service connection for traumatic brain injury is denied as there is no current diagnosis of a traumatic brain injury.,The Veteran's claims for service connection for an acquired psychiatric disorder, to include PTSD; back disability; right knee disability; left knee disability; and obstructive sleep apnea are remanded due to the need for further development.

The Veteran's application to reopen a previously denied claim for service connection for TBI is denied. The Board has remanded the case due to the need for additional examinations and evaluations, particularly for PTSD.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's claimed residuals of frostbite and carpal tunnel syndrome.

The Board has remanded the Veteran's claim for service connection for Traumatic Brain Injury (TBI) due to insufficient evidence regarding a head injury during service. The case is returned for further development and an addendum opinion from the July 2022 VA examiner.

The Board has granted service connection for erectile dysfunction (ED) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD). The issues of service connection for cervical spine strain, lumbar spine strain, bilateral ankle lateral ligament strain, cephalgia headaches, myelodysplastic syndrome, and traumatic brain injury are remanded.

The Board has remanded the cases of service connection for residuals of a traumatic brain injury, muscle spasms, and headaches due to inadequate examination findings and conflicting statements from the Veteran.

The Veteran's TBI symptoms have resolved, are separately service-connected and rated, or are fully contemplated by his existing 100 percent rating for PTSD. The Veteran's BPPV is proximately due to or the result of his service-connected TBI.,The claim for SMC based on need for regular aid and attendance has been remanded.

The Veteran's application to reopen a claim of service connection for hypertension was granted, and he is now entitled to service connection for this condition. The issue of service connection for residuals of traumatic brain injury remains pending and requires further development.

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete records from CJW Medical Center and Johnston-Willis Hospital. The claims are also remanded for issuance of an SOC regarding the effective date for a 10% rating for right foot hallux valgus.

The Board has remanded the cases for further development due to the Veteran's incarceration and inability to be examined. The VA will schedule the Veteran for examinations to determine the nature and etiology of his TBI, as well as the severity of his lumbar spine and bilateral lower extremity radiculopathy disabilities.

The Veteran's claims for service connection for residuals of traumatic brain injury, including epilepsy, and an acquired psychiatric disorder, including PTSD and MDD, have been granted. The Veteran is also rated at a non-compensable level for his painful scar on the right knee.

The Veteran's TBI residuals are currently rated at 10 percent, and the Board has decided to remand this case for a new VA examination to assess the current severity of his condition.

The Board has remanded the case due to duty to assist errors, specifically regarding missing medical records from a private provider. The Veteran's service-connected disabilities are noted as affecting his ability to secure or follow substantially gainful employment prior to December 3, 2012.