Traumatic brain injury (TBI) decisions — 2024

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran incurred a traumatic brain injury during service and if so, whether he experienced any residuals.

The petition to reopen a claim for service connection for memory loss was dismissed.,A new and material evidence has been received, allowing the reopening of a claim for service connection for a back disorder. Service connection is granted for degenerative arthritis of the spine.,Service connection is denied for residuals of frostbite as there is no diagnosis of such during or approximate to the current claim period.,The petition to reopen a claim for service connection for OSA was not addressed due to insufficient evidence, and remanded.,The petition to reopen a claim for service connection for HTN was not addressed due to insufficient evidence, and remanded.

The Veteran's bilateral foot conditions and a prostate condition are granted service connection. The Veteran's bilateral foot conditions were caused by frostbite during active service, while his prostate condition is related to service due to complaints of symptoms beginning in service.

The Veteran's current OSA is caused by his service-connected TBI, and the claim for service connection for OSA as secondary to TBI is granted. The case is remanded for a new VA examination to determine the current disability evaluation of his TBI.

The Veteran's TBI was granted service connection, but the back and arthritis claims are being remanded for further examination.,Service connection is sought for a brain injury (TBI), a back disability, and arthritis of the left knee/leg. The Board has found that service connection may be established based on aggravation during service.

The appeal of the issues related to right hip disorder, left shoulder disorder, left knee disorder, low back disorder, GERD, and residuals of head injury (including TBI and headaches) has been dismissed as the Veteran's representative withdrew the appeal.

The Veteran's claim for service connection for sinusitis is denied as there is no current disability. The initial compensable rating for bilateral hydrocele is also denied due to lack of evidence of atrophy or removal of both testes.,Multiple issues related to the Veteran's service-connected disabilities are remanded, including lumbosacral strain, allergic rhinitis, groin strain, convergence insufficiency, restless leg syndrome, eczematosis, serborrheic dermatitis, TBI with associated migraine headaches and PTSD, right knee strain, and GERD. The Veteran's claim for a total disability rating based on individual unemployability is also remanded.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's claimed traumatic brain injury (TBI). The Veteran asserts that he sustained a TBI during service, but his STRs are of poor quality. A new opinion is needed to determine if the TBI is related to an in-service event or injury.

The Board has remanded the case for further development and examination to address issues related to the Veteran's right knee, left knee, and traumatic brain injury disabilities.

The Veteran's PTSD with TBI is rated at 50% effective March 24, 2014. The rating will be granted for the period prior to August 8, 2023.

The Board has decided to remand the claims for service connection due to insufficient evidence and need for additional medical opinions.

The Veteran's claim for service connection for an ear disability is denied.,A 30 percent initial rating, but no higher, for bilateral plantar fasciitis is granted.,A 20 percent initial rating, but no higher, for low back disability is granted.,Service connection for TBI residuals, photophobia, and dizziness are remanded.,An initial compensable disability rating for irritable bowel syndrome is remanded.,An initial disability rating in excess of 10 percent for cervical degenerative arthritis is remanded.

The Veteran's claims for service connection for various knee, ankle, and hip conditions are remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Veteran's claim for service connection for TBI was denied as there is no evidence of a current disability related to an in-service injury. The issue of entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) from December 16, 2014 is moot due to the grant of a 100% rating for PTSD. The claim for extraschedular TDIU prior to December 16, 2014 was denied as there is no evidence showing that the Veteran's service-connected PTSD prevented him from obtaining and maintaining substantially gainful employment.

The Board has remanded the cases due to new evidence being associated with the claims file after the initial transfer of records. The Veteran was not provided an opportunity to waive AOJ review, and additional treatment records were added without consideration in the December 2023 Supplemental Statement of the Case (SSOC).

The Board has determined that further development is needed regarding the Veteran's claims for earlier effective dates and a compensable rating for bilateral eyelid spasms. The ratings for PTSD, TBI, and migraine headaches remain unchanged.

The Veteran's service-connected disabilities, including migraines, PTSD, TBI residuals, uterine leiomyoma with hysterectomy, cervical strain, thoracolumbar strain, and tinnitus, prevented her from securing and following a substantially gainful occupation prior to October 29, 2014.

The Veteran's claims for service connection of various conditions, including bilateral eye condition, TBI, IBS, diverticulosis, GERD, low back disability, headache disability, and foot disabilities have been denied. The Board found no new and material evidence to reopen the previously denied claims.

The Board has remanded the Veteran's claims for further development due to incomplete STRs and other missing records. The Veteran is entitled to service connection for tinnitus, but his claim remains pending on all other issues.

The Board has determined that the Veteran's appeal requires further development due to outstanding VA and Federal TRICARE treatment records, inconsistencies in examination reports, and incomplete employment information. The issues of PTSD evaluation, TBI evaluation, headache syndrome evaluation, and TDIU are all remanded for additional development.