Traumatic brain injury (TBI) decisions — 2024

The Veteran's appeal is remanded due to the need for updated medical records and VA examinations to assess his service-connected disabilities.

The Board denied the Veteran's claim for service connection for a traumatic brain injury (TBI) as there was no evidence of its onset during active service or any link to service-connected conditions.

The Veteran withdrew their appeals for traumatic brain injury and headaches, leading to the dismissal of these claims.

The Veteran's service connection claims for various conditions, including diabetes mellitus type II and erectile dysfunction secondary to DMII, are granted. However, the claims for cervical spine disability, lumbar spine disability, left shoulder disability, right shoulder disability, left hip disability, right hip disability, traumatic brain injury (TBI), and headache disability are remanded due to duty-to-assist errors.

The Veteran's TBI is rated at 40 percent from June 27, 2019 to March 17, 2021. The rating for the period prior to June 27, 2019 and after March 17, 2021 remains unchanged.

The Veteran's claim for a compensable rating for testis removal was denied as there is only one removed testicle, and the right testicle remains intact.,Service connection for TBI (claimed as skull fracture) was also denied due to lack of evidence of current disability.

The Board has decided to remand the Veteran's claims for service connection due to difficulties in obtaining medical records and scheduling examinations. The case will be returned to the AOJ for further development.

The Veteran's appeal is remanded due to the need for additional examinations and opinions regarding his hearing loss, back disability, TBI residuals, and neck disability. The Board finds that the current evidence does not provide sufficient information to determine if there has been a change in the severity of these conditions.

The Board has determined that the service connection issues adjudicated in the January 2019 rating decision need to be remanded due to an error in docketing under the modernized review system. The Veteran will receive a statement of the case regarding these issues, and he can choose to opt into the modernized review system if desired.

The Board has decided to remand the case due to new evidence received after certification of the appeal and a need for additional VA medical opinions regarding the Veteran's claimed TBI.

The Veteran's tinnitus is granted as service-connected.,Service connection for TBI and Parkinson's like symptoms associated with herbicide exposure are denied.,A 10 percent evaluation for hypertension is granted.,Peripheral neuropathy of the left lower extremity is remanded.,Peripheral neuropathy of the right lower extremity is remanded.

The Board has decided that the evidence is insufficient to dismiss the Veteran's inquiry about the PACT Act, and thus remanded for further development regarding potential toxic exposures.

The Veteran's appeals for higher ratings for his service-connected acquired psychiatric disorder with TBI and facial neuropathy affecting cranial nerve VII were denied. The rating for the psychiatric condition remains at 50 percent, while the facial condition is rated at 10 percent.

The Board is remanding all claims on appeal due to the need for VA examinations and opinions regarding frostbite residuals of various body parts.,The Board is also remanding the diabetes mellitus, hemorrhoids, and body rashes claims due to the need for verification of herbicide exposure during service in Korea.,PTSD, anxiety, nightmares, and hallucinations claims are being remanded without further action as there are no STRs available.

The Veteran has withdrawn his appeals for service connection and increased disability ratings in excess of 10 percent for various conditions, including PTSD, TBI, a left shoulder disability, posttraumatic migraines, and fractured right radial head (elbow).

The Board has remanded the claims for service connection for insomnia, obstructive sleep apnea (OSA), and traumatic brain injury due to conflicting statements from the Veteran and outstanding medical records.

The Board has remanded the claims for service connection for a broken tooth, head injury (TBI), bilateral hearing loss, and tinnitus due to procedural errors in scheduling examinations.

The Veteran's claims for increased ratings and service connection were denied. The appeal is denied.

The Veteran's lumbar strain, PTSD, and TBI prior to the specified dates were denied as not meeting the criteria for higher ratings. The Veteran was granted a 40% rating for his lumbar strain from March 16, 2018 onwards.

The Board has dismissed the appeals for service connection of left and right lower extremity radiculopathy due to a prior grant in October 2023. The appeal for right foot frostbite residuals is remanded.