Traumatic brain injury (TBI) decisions — 2023

The Veteran's eligibility for PCAFC benefits is being remanded due to unclear notice and duty-to-assist error. The matter will be evaluated under statutory criteria for need for supervision, protection, or instruction with clear reasons and bases.

Service connection is granted for right hip stress fracture, posttraumatic DJD of the right hip.,Service connection is granted for left hip stress fracture, posttraumatic DJD of the left hip.,Service connection is granted for PTSD, persistent depressive disorder, and generalized anxiety disorder (also claimed as panic disorder) due to personal trauma (PT).,Service connection is granted for tinnitus.,Service connection is granted for cervicothoracic pain with right upper extremity radicular pain and weakness.,Service connection is granted for traumatic brain injury residuals.,Service connection is granted for brain aneurysm.,Service connection is granted for low back pain.,Service connection is granted for cephalgia (headaches).

The Veteran's service-connected disabilities, including TBI, seizures, headaches, anxiety disorder, and back condition, cause significant impairment to the extent that he requires regular aid and attendance of another person.

The Veteran's claim for service connection for TBI with memory loss has been reopened due to new and material evidence. The case is remanded for a VA examination to determine the relationship between current symptoms and service.

The Board dismissed the appeal for an initial evaluation in excess of 20 percent for lumbosacral strain and IVDS due to lack of a valid substantive appeal. The claim for an increased rating for TBI was denied as the criteria were not met, and the claim for TDIU was also denied.

The Board denied the Veteran's claim for service connection for a traumatic brain injury (TBI) as there is no current disability of TBI established in the record.

The Veteran's claims for service connection have been granted for a traumatic brain injury and an acquired psychiatric disorder. The remaining issues of service connection for lumbar spine, bilateral knee conditions, joint pains, and bilateral hearing loss are remanded for further development.

The Veteran's claims for service connection on multiple conditions have been dismissed due to the death of the Veteran.

The Board has granted the Veteran's petition to readjudicate his claim for service connection for residuals of a traumatic brain injury, but has remanded the issue due to the need for additional evidence and clarification.

The Veteran's TBI, BPPV, and migraine and sinus headaches have been granted increased ratings. Service connection for OSA has also been remanded.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has remanded the claims for entitlement to increased ratings for left hip disability, right hip disability, thoracolumbar spine disability, and left lower extremity peripheral neuropathy due to procedural issues.

The Veteran's claims for service connection for various conditions, including bilateral eye condition, lung condition, right knee condition, skeletal arthritis condition, skin disorder, migraine headaches, TBI, and bilateral hearing loss, have all been denied as there is no current evidence of these conditions or a link to his military service.

The Board has dismissed the appeals for service connection for sleep apnea, a higher rating for TBI, and a higher rating for headaches. The Veteran's claim for TDIU is granted due to his service-connected disabilities making him unemployable.

The Veteran's service-connected disabilities have aggravated his obstructive sleep apnea (OSA), and the Board has granted service connection for OSA as secondary to these conditions.

The Veteran's service connection claim for tinnitus is granted due to the presence of continuous symptoms since service.,Service connection for TBI residuals and headaches, secondary to TBI, are denied as there is no evidence of a current disability related to these conditions.

The Veteran's sinusitis from January 31, 2018 to March 14, 2019 is denied as it did not meet the criteria for a higher evaluation. The scar of the posterior scalp associated with traumatic brain injury was granted a 10% rating.

The Board has denied service connection for various conditions, including right and left shoulder disabilities, elbow/arm disability, wrist disabilities, knee disabilities with shin splints, low back disability, neuropathy of the lower extremities, cold weather injury residuals, sleep apnea, TBI, and vertigo. The appeals are based on a direct relationship to service without any presumption or secondary connection.

The Board has decided to remand the claims for service connection for PTSD, TBI, and left knee disorder due to potential errors in the record regarding the Veteran's military service. The AOJ is instructed to search for additional records under a former name and social security number.

The Veteran's TBI with cognitive disorder has rendered him unable to secure and follow a substantially gainful occupation, leading to the grant of a TDIU. The Board also granted SMC at the housebound rate from January 26, 2015. However, the remaining claims for service connection and increased ratings are remanded.