Traumatic brain injury (TBI) decisions — 2023

The Board has granted the petition to reopen a claim of service connection for residuals of TBI, finding that new and material evidence has been submitted. The Board also found in favor of service connection for residuals of TBI, with reasonable doubt resolved in favor of the Veteran.

The Veteran's TBI and post-concussive headaches are rated at their maximum levels, with no further support for higher ratings based on the provided evidence.

The Board has determined that the Veteran's service-connected disabilities, including PTSD with traumatic brain injury and migraine headaches, have rendered her unable to secure or follow a substantially gainful occupation prior to July 10, 2014. The decision is based on the combined effect of these conditions.

The Veteran's ratings for Traumatic Brain Injury and Migraine Headaches were improperly reduced, and the original ratings of 70% and 50%, respectively, are restored.

The Veteran's seizure disorder, TBI residuals, anosmia, and GERD are all found to have onset during his active service period from October 6, 2004 to March 24, 2014. The claims for treatment purposes only under 38 U.S.C. Chapter 17 are granted.,The Veteran's seizure disorder, TBI residuals, anosmia, and GERD are all found to have onset during his active service period from October 6, 2004 to March 24, 2014. The claims for treatment purposes only under 38 U.S.C. Chapter 17 are granted.

The Board denied service connection for a skin condition of the right lower extremity and TBI, finding no evidence linking these conditions to service.

The Board has remanded several issues related to the Veteran's claims, including service connection for bilateral hearing loss, an initial rating for depression prior to July 10, 2018, residuals of a TBI, eye disorder (spots in eyes), and temporomandibular disorder. The Veteran is not shown to have a hearing loss disability for VA purposes, and the issues related to his psychiatric conditions and injuries are also remanded.

The Board denied the Veteran's claims for higher initial ratings for residuals of TBI, thoracolumbar strain with levoscoliosis, sinusitis/rhinitis disability prior to June 6, 2016, and since June 6, 2016. The claim for a higher initial rating for hypertension was also denied. Additionally, the Veteran's claim for TDIU prior to May 23, 2017 was denied.

The Board has decided to remand the case due to conflicting findings regarding the Veteran's claimed Traumatic Brain Injury (TBI). A new VA examination with a neurologist is needed to address the nature and etiology of the TBI.

The Board has remanded the Veteran's claims for service connection for residuals of traumatic brain injury and obstructive sleep apnea due to a lack of adequate medical opinions regarding the relationship between these conditions and military service.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran experienced moderate or severe TBI during service, which is a prerequisite for secondary service connection of Parkinson's disease. The case will be returned to the RO for further development.

The Board denied the Veteran's claim for service connection for residuals of traumatic brain injury (TBI) as there is no current diagnosis of TBI and the evidence does not support a finding that he incurred or aggravated a pre-existing condition during service.

The Veteran's service-connected PTSD, along with other disabilities, has prevented him from securing and following a substantially gainful occupation since August 25, 2017. The Board granted TDIU prior to June 4, 2018, but dismissed the claim as moot after that date due to the Veteran's 100% rating for PTSD.

The Veteran's claim for service connection for a traumatic brain injury (TBI) is denied. The Veteran's claim for service connection for headaches is granted.

The Veteran's service-connected tension headaches due to TBI are currently rated at 30 percent, and the Board finds that these symptoms do not warrant a higher rating as they do not meet the criteria for very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Veteran's claims for increased ratings for TBI and other specified depressive disorder prior to June 8, 2020 were denied. The claim for an increased rating for TBI with other specified trauma and stressor related disorder since June 8, 2020 was also denied.

The Veteran's claim for an effective date earlier than December 15, 2003 for the award of service connection for TBI has been granted. The issue of a higher initial rating for TBI is remanded.

The Board has decided to remand the case due to incomplete medical opinions regarding the Veteran's service connection claims for residuals of acute mountain sickness, including seizures and traumatic brain injury. The examiner is asked to provide more detailed opinions on whether these conditions are related to service or caused by his service-connected insomnia.

The Board has remanded the cases for additional development and an addendum medical opinion regarding the etiology of the Veteran's claimed TBI disability, as well as a VA audiological examination to determine the nature and etiology of his claimed bilateral hearing loss.

The Veteran's claims for a higher rating for TBI, service connection for PTSD, and service connection for loss of teeth associated with his mandible fracture are being remanded due to the failure to notify him of scheduled examinations. The Board will attempt to reschedule these exams and provide further notice.