Traumatic brain injury (TBI) decisions — 2024

The Veteran's service-connected disabilities, including PTSD, TBI, migraines, and degenerative arthritis of the spine, prevented him from securing or following substantially gainful employment from September 11, 2014 to January 15, 2017.

The Board has denied the Veteran's claims for increased ratings for anxiety disorder and TBI residuals, finding that they do not meet the criteria for a higher rating than currently assigned. The case is remanded to further develop or adjudicate the issues.

The Veteran's appeal for increased ratings has been dismissed as moot because the maximum disability rating of 100 percent was granted prior to the period on appeal.

The Board dismissed the Veteran's claims for service connection of various disabilities, including left and right ankle disabilities, residuals of traumatic brain injury, vertigo, and cold exposure-related disabilities. The issues related to cervical spine, shoulder, wrist, low back, hip, knee, pes planus, hallux valgus, and headache were remanded.

The Board has determined that the Veteran's claimed disabilities, including lower back condition with back pain/arthritis, shin splints with pain, TBI, bilateral knee conditions, bilateral ankle conditions, bilateral shoulder/arm conditions, bilateral wrist conditions, and bilateral elbow conditions, are not service-connected.,The VA examiners found no evidence of a nexus between the Veteran's claimed disabilities and his military service.

The Veteran's PTSD and TBI were granted prior to May 31, 2022. However, the rating for PTSD was denied on and after that date, while other issues like migraines and TDIU are still under review.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current residuals of a TBI, including physical manifestations other than headaches, cognitive impairment, and/or psychiatric impairment.

The Veteran's claim for an increased rating for PTSD was denied. A 10 percent rating, but no higher, is granted for the cognitive residuals of TBI from March 1, 2023.

The Veteran's claims for service connection for vertigo, traumatic brain injury (TBI), and hypogonadism due to TBI have been remanded by the Board.,The AOJ will consider any new evidence submitted after the September 2022 SOC during the remand process.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied as the evidence did not show unfavorable ankylosis or intervertebral disc syndrome (IVDS).,Service connection for a cervical spine disability with TBI residuals was also denied due to lack of credible evidence linking the current disabilities to military service.

The Board has remanded the Veteran's claims for service connection for TBI and seizures due to inadequate completion of its January 2024 directives, requiring further medical opinions.

The Veteran's initial TBI rating from July 16, 2012 to April 2, 2024 is granted at a 50 percent level. Ratings higher than 70 percent since April 2, 2024 are denied.

The Veteran's thoracolumbar spine disability is rated at 40 percent, which does not meet the criteria for a higher rating.,The Veteran's right ankle disability is currently rated at 10 percent and does not meet the criteria for a higher rating.,The Veteran's TBI with psychiatric disability is rated at 70 percent, meeting the criteria for this rating.,The Veteran's left lower extremity radiculopathy is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's right lower extremity radiculopathy is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's headaches are currently rated at 30 percent and do not meet the criteria for a higher rating.

The Veteran has withdrawn their appeals regarding the left ankle disorder, cervical spine disorder, and TBI. As a result, the Board is dismissing these appeals.

Your TDIU claim has been granted and effective since May 23, 2022. The appeal is dismissed as the issue has been resolved in your favor.

The Board has granted service connection for inflammatory arthritis as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD) due to military sexual trauma with borderline personality disorder. However, the claim for service connection for TBI was denied because there is no medical evidence linking the injury to service.

The Board has remanded the case due to incomplete information regarding treatment records from private psychiatrists, specifically those associated with Baylor Scott & White Health. The Veteran is asked to provide this information.

The Board has decided to remand the case due to a failure to provide a VA examination for service connection of residuals of a traumatic brain injury, which may have current residuals related to an in-service motor vehicle accident.

The Veteran's PTSD and TBI symptoms have been rated at a 70 percent level, effective from November 11, 2020.

The Veteran's current headache disability began in, and has continued since, active service.,The Veteran's TBI is related to an injury during active service. The Board finds that the September 2020 opinion is inadequate with respect to the question of nexus because the examiner did not address how the Veteran had a resolved TBI and residual symptoms but no diagnosis.,The pre-existing bilateral pes planus was aggravated beyond its natural progression during service, and clear and unmistakable evidence was not shown that the increase in disability is due to the natural progress of the disease.