Traumatic brain injury (TBI) decisions — 2024

The Board has remanded the claims for service connection for residuals of traumatic brain injury and seizure disorder, to include epilepsy due to inconsistencies in the provided medical opinions and the need for further clarification on the relationship between the disabilities and service.

The Veteran's claim for service connection for a skin disorder is denied. The evidence does not show that the Veteran's current diagnoses began during service or are related to an in-service injury, event, or disease.,For the period prior to March 9, 2020, the criteria for a rating in excess of 40 percent for PTSD with mild neurocognitive disorder and severe alcohol use disorder and TBI are not met. For the period from March 9, 2020, to August 29, 2022, the criteria for a 70 percent rating are met.

The Veteran's claims for service connection for teeth grinding and residuals from a traumatic brain injury have been granted.

The Veteran's headaches were restored to a 50% rating, effective March 18, 2018.,The Veteran's TBI residuals are remanded for further examination and evaluation.

The Veteran's initial 50 percent rating for migraines is granted. The Board has found that more development is needed for the PTSD with TBI and psychomotor epilepsy claims.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of current disability.,The Veteran's claim for a rating greater than 10 percent for tinnitus from December 15, 2017 remains remanded due to the need for further development and clarification.,The Veteran's claims for service connection for traumatic brain injury (TBI), posttraumatic stress disorder (PTSD), Gulf War Illness, fibromyalgia, and chronic fatigue syndrome are all remanded as there is insufficient evidence in the record to determine their validity.,Service connection will be granted based on direct evidence of a condition during service or otherwise established by competent medical evidence.

The Board has remanded several claims for additional action due to the possibility that relevant SSA records have not been obtained.

The Veteran's initial and increased ratings for scars under both eyes, painful scar under left eye, and painful left inguinal scar associated with TBI have been denied.,Prior to June 3, 2021, the Veteran's headaches were not productive of very frequent completely prostrating and prolonged attacks. After June 3, 2021, his headaches did not meet the criteria for a rating greater than 30 percent.

The Veteran's PTSD with TBI has caused total occupational and social impairment since February 11, 2008. The Board granted a 100% disability rating for this condition.

The Board has remanded the Veteran's claims for increased ratings and service connection due to a failure to address VA treatment records, duty to assist, and consideration of lay statements regarding symptomatology. The case is being returned for further development.

The Board has determined that the Veteran's current TBI is related to his in-service head injury, and thus service connection for residuals of a traumatic brain injury (TBI) is granted.

The Veteran's service-connected disabilities, including asthma, migraines, PTSD, and TBI-related conditions, have rendered him unable to secure or maintain substantially gainful employment for the appeal period from May 14, 2018, to September 7, 2021, and from September 18, 2021, to September 7, 2022. Effective September 7, 2021, he is in receipt of a 100% combined schedular disability rating.

The Veteran's claim for a higher rating for physical residuals of TBI was denied, and the Board also found that no effective date adjustment is warranted due to the combined disability rating being at 100% throughout the appeal period.

The Veteran's appeal for left leg shin splints, right leg shin splints, and lumbosacral strain has been remanded due to the need for additional medical examination and opinion.,The Veteran's appeal for traumatic brain injury (TBI) and an acquired psychiatric disorder has also been remanded as there is insufficient evidence regarding their relationship to service.

The Veteran's TBI with mild memory was rated at 40 percent prior to July 13, 2018 and thereafter. The appeal is denied as the criteria for a higher rating have not been met.

The Veteran's TDIU and SMC based on housebound status are granted due to his service-connected disabilities, including diabetes, peripheral neuropathy, PTSD, and other conditions.

The Veteran's claim for service connection for residuals of a traumatic brain injury has been reopened and granted.,Service connection is also granted for bilateral lower extremity radiculopathy (femoral nerve) due to the in-service motor vehicle accident, but with an earlier effective date denied.,Service connection is also granted for a lumbar spine condition due to the in-service motor vehicle accident, but with an earlier effective date denied.

The Veteran's claims for effective dates prior to November 14, 2011, and December 5, 2011, are being remanded due to the need for additional development.

The Board has remanded the claims for additional development due to the Veteran's failure to appear for scheduled VA examinations. The issues include rating for back disability, service connection for TBI, CFS, and fibromyalgia.

The Board has determined that the issues of service connection for hearing loss, traumatic brain injury (TBI), a cervical spine disability, a thoracolumbar spine disability, a right knee disability, a left foot disability, and a right foot disability should be remanded due to an error in docketing.