Traumatic brain injury (TBI) decisions — 2023

The Board has denied service connection for hearing loss and tinnitus, finding no current disability or in-service incurrence. Service connection is also denied for residuals of TBI, speech disorder, learning disorder, and balance problems due to insufficient evidence.

The Veteran's service connection claim for rheumatoid arthritis has been granted, as the evidence is at least evenly balanced in favor of the Veteran.,Service connection has also been granted for bilateral pes planus on an aggravation basis. The preexisting condition worsened during service.

The Board has remanded several issues related to the Veteran's claims, including service connection for various disabilities and initial rating determinations. The main reasons are due to insufficient evidence or need for further examination.

The Board has remanded the case for further development and clarification of opinions regarding the Veteran's TBI residuals, post traumatic headaches, encephaloceles, and CFS leak, status post craniotomy.

The Board has decided to remand the Veteran's claims for service connection for right foot disorder and residuals of traumatic brain injury due to incomplete information and need for further examination.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they do not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's initial compensable ratings for TBI prior to February 1, 2016 and PTSD with TBI after that date are denied. The reduction in the PTSD rating from 100% to 70% is remanded, as well as a higher rating for PTSD with TBI and entitlement to TDIU prior to March 24, 2020.

Service connection for hemorrhoids was denied. Prior to August 14, 2020, the Veteran's TBI did not meet criteria for a compensable rating.,From August 14, 2020, the Veteran's TBI disability is not rated higher than 40 percent.

The Veteran's TBI residuals were evaluated and found to be productive of level 1 impairment, resulting in a denial of an initial rating in excess of 10 percent.

The Veteran's TBI with cognitive impairment is rated at 70 percent effective February 25, 2014. Effective January 25, 2014, the Veteran has been granted a TDIU and SMC at the housebound rate.

The Board has decided to remand the cases of headaches, traumatic brain injury (TBI), and left eye condition due to inadequate examinations. The Veteran's statements about his service injuries are assumed credible unless inconsistent with medical evidence or principles.

The Veteran's appeal for service connection on multiple conditions was dismissed due to the withdrawal of his claim for PTSD, to include schizophrenia. The remaining claims were denied as there is no persuasive evidence linking these conditions to service.

The Board has remanded four issues related to the Veteran's claims for service connection and initial rating determinations. These include right ear sensorineural hearing loss, left ear sensorineural hearing loss, a neck disability (claimed as C Disc), and residuals of a traumatic brain injury.

The Board has denied service connection for hypertension and remanded the issues of TBI with headaches, left knee strain, right knee strain, and TDIU.

The Veteran's claim for service connection for residuals of fracture of the right middle finger is granted. The claims for service connection for bilateral knee disorder and acquired psychiatric disorder and/or TBI are remanded, as well as the determination regarding the character of discharge from February 1978 to January 1981.

The Veteran's TBI residuals are rated as 0 percent disabling, and the claim for a compensable rating is denied.,For the period prior to July 28, 2018, the Veteran's migraine headaches were rated at 30 percent, which is the maximum schedular rating authorized under Diagnostic Code 8100. The claim for a higher rating is denied.,From July 28, 2018, the Veteran's migraine headaches are rated at 50 percent, which is the highest available under Diagnostic Code 8100. The claim for a higher rating is denied.,The effective date of January 22, 2018, but no earlier, for the grant of service connection for TBI and migraine headache disorder is granted.

The Board denied the Veteran's claim for service connection for TBI, finding that there was no evidence of a current disability and that his symptoms were more likely related to his psychiatric conditions rather than an in-service head injury.

The Veteran's claim for service connection for a heart condition has been reopened due to new evidence. Other issues have also been remanded for further evaluation.

The Veteran's claims for service connection have been reopened, and the Board has granted them. The issues of entitlement to service connection for obstructive sleep apnea (OSA), a respiratory disability (claimed as breathing disorder, to include asthma), and a bilateral foot disability are remanded.

The Board has remanded the Veteran's claims for service connection for traumatic brain injury, pilonidal cyst, low back disability, and residuals of left hip stab wound due to a lack of VA examinations. The Veteran is required to attend rescheduled VA examinations.