Traumatic brain injury (TBI) decisions — 2023

The Veteran's TBI residuals are currently rated as part of his service-connected psychiatric disorder, and he does not have a separate rating for these residuals. The Board finds no basis to grant a higher rating.,The Veteran's right knee DJD is currently rated based on limitation of flexion only. He seeks an increased rating for limitation of extension.

The Veteran's headaches are causally related to service and the Board has granted service connection for this condition. The Veteran's TBI claim is remanded due to insufficient evidence, and his left knee disability claim requires a new VA examination.

The Veteran's claim for an evaluation in excess of 30 percent for PTSD with a traumatic brain injury is being remanded due to the submission of an invalid opt-in notice under the modernized appellate system.

The Board has remanded the case due to pre-decisional duty to assist errors and a need for a VA examination.

The Board has identified an AOJ error in reducing, severing, and discontinuing the Veteran's VA compensation benefits due to 'fraud' under a regulation that is not applicable to his claims. The issues are remanded for providing a summary of the relevant regulations and readjudicating the cases.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, an acquired psychiatric disorder (including PTSD, anxiety, and insomnia), headaches, traumatic brain injury, obstructive sleep apnea, knee disorders, foot disorders, ankle disorders, elbow disorders, shoulder disorders, hip disorders, hand disorders, wrist disorders, lumbar spine disorders, shin disorders, cold injury disorders, upper extremity cold injury disorders. The Board found that the Veteran did not have a diagnosis for these conditions during service or within one year of discharge and thus could not establish service connection.

The Board has decided to remand the case due to a duty to assist error, and will need additional medical opinions regarding the etiology of any traumatic brain injury or its residuals.

The Veteran's appeals for increased ratings and service connection were dismissed as the VA Form 10182 was not timely filed.

The Board has decided to remand the case due to inadequate examination and opinion regarding service connection for Traumatic Brain Injury (TBI). The Veteran's statements about loss of consciousness during service need to be addressed, as well as an incident where he received stitches after an explosion in a prayer house. A new VA examination is required.

The Veteran's application for TDIU prior to December 6, 2022 is remanded due to uncertainty regarding his employment status since July 2014. The AOJ must obtain updated information from the Veteran and any relevant SSA records.

The Veteran's claim for service connection for diabetes, chronic headaches (to include as secondary to PTSD), and TBI has been granted. The Veteran is also granted a disability rating in excess of 50 percent for his PTSD.

The Board has remanded the claims of service connection for TBI, an acquired psychiatric disorder (to include PTSD, anxiety, MDD, and alcohol/drug abuse), a sleep disorder (insomnia), acid reflux, and erectile dysfunction (ED).,The appellant's current diagnoses do not meet the criteria for service connection as his bilateral hearing loss does not meet VA's definition of a disability.

The Board has decided that the claim for service connection for Traumatic Brain Injury (TBI) should be remanded due to new evidence submitted by the Veteran.

The Board has decided to remand the case due to insufficient verification of combat exposure and inadequate VA examination, which are necessary for a proper determination on service connection for TBI and associated headaches.

The Board has remanded the case due to incomplete service treatment records and the Veteran's inability to provide consent for a VA examination. The matter is being returned to the RO for further development.

The Veteran's claim for service connection for headaches has been granted. The claims for irritable bowel syndrome, neurological symptoms due to Gulf War Syndrome, and residuals of traumatic brain injury are remanded for further evaluation.

The Veteran's eligibility for PCAFC benefits is remanded due to unclear notice and need for clarification of the denial reasons. The VA must provide proper notice, clarify the reasoning of the denial, and provide legally adequate reasons and bases for the denial.

The Veteran's claim of service connection for a low back disability is dismissed as the appeal was improperly concurrent with another review.,The Veteran's claim for service connection for headaches remains denied because the submitted evidence does not address the in-service and/or nexus elements of the claim.

The Veteran's claim for an earlier effective date for service connection of PTSD with TBI residuals is granted, and he receives a 50% disability rating.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder, including PTSD, and traumatic brain injury (TBI) due to inadequate examinations. The Veteran will need to undergo further VA examinations to address these issues.