Traumatic brain injury (TBI) decisions — 2023

The Veteran's claims for increased ratings for PTSD with TBI and for a total disability rating based on individual unemployability (TDIU) are being remanded due to incomplete records from the Vet Center. The Board will obtain these records before deciding the cases.

The Veteran's claims for traumatic brain injury, left knee degenerative joint disease, and left ankle degenerative joint disease have been granted. The service connection is established based on direct evidence of the conditions during active duty.

The Veteran's appeal is remanded for additional examinations to assess the severity of her service-connected right arm numbness/tingling, TBI residuals, thoracolumbar spine spondylosis, and migraine headaches. The appeals are also remanded for a new examination to determine if there was any in-service causation.

The Board has denied service connection for a hearing loss disability of the right ear. The issues of service connection for residuals of TBI, acquired psychiatric disability (including PTSD, depression, anxiety, and substance abuse), pulmonary disability (including COPD and emphysema), and lumbar spine disability are all remanded due to insufficient evidence.

The Veteran's service-connected TBI and related conditions prevent him from securing or following substantially gainful employment, warranting a TDIU. The case is remanded for further evaluation of his TBI.

The Board has denied the Veteran's claims for service connection for a cognitive disorder, cataracts, and epistaxis. The Board found no evidence of a current diagnosis or link to service.

The Veteran's radiculopathy of the right lower extremity is rated at 10 percent since June 1, 2020.,PTSD with alcohol abuse and TBI was granted an initial rating of 70 percent effective December 1, 2014.

The Veteran's initial claim for an increased disability rating for TBI other than headaches and vertigo is being remanded due to the failure of the RO to schedule a VA examination as per previous Board directives.

The Veteran's TBI residuals are denied as the evidence is inconclusive regarding whether they are separate from his service-connected mental health condition. The tension headache condition is granted on a direct basis, while the left foot conditions (bilateral flat feet) and right knee condition are denied due to pre-existing status.

The Board has determined that additional remand is necessary to obtain updated treatment records, conduct new examinations for PTSD and TBI residuals, and determine the Veteran's employment status. The claims of increased ratings for PTSD and TBI residuals, as well as entitlement to a TDIU, are being remanded.

The Veteran's dysthymia disorder with residuals of TBI associated with post-concussive syndrome is rated at 100 percent from May 4, 2011 to January 27, 2021. A separate evaluation for loss of sense of smell and taste is denied.

The Veteran's initial rating for TBI is being remanded due to the need for additional neuropsychological testing. The SMC issue is also being remanded as it is inextricably intertwined with the TBI rating issue.

The Veteran's appeals seeking higher ratings for TBI, adjustment disorder, and headaches have been dismissed due to the Veteran's withdrawal of these appeals.

The Board has granted service connection for TBI residuals, finding that the Veteran's current symptoms are related to his in-service TBI and that there is at least nearly equal weight of evidence supporting this conclusion.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for further development.,Specifically, his right shoulder disability remains at a 40 percent rating, while left knee and TBI issues are pending.

The Veteran's claim for a rating of 50 percent for headaches has been granted. Other claims have been reopened and are pending further review.

The Board has determined that a more current examination is needed to rate the claim for an increased rating for TBI residuals due to the remote nature of the most recent examination. The Veteran will be notified to report for any scheduled examination and cooperate in the development of these claims.

The Board has determined that another remand is necessary to obtain a proper medical opinion regarding the Veteran's claimed TBI and its relationship to service, specifically an injury to the nose in 1998.

The Board has remanded the claims for service connection for residuals of frostbite, bilateral hands; bilateral hearing loss; and a back disability due to inconsistencies in audiometric results and insufficient medical opinions.

The Board has granted the Veteran's claim for SMC based on need for aid and attendance due to his service-connected disabilities. The decision denied entitlement to a compensable rating prior to October 29, 2020 and a disability rating in excess of 10 percent for service-connected TBI beginning October 29, 2020.