Traumatic brain injury (TBI) decisions — 2024

The Veteran's TBI is related to a head injury during active service, and the Board has granted service connection for this condition.

The Veteran's bilateral hearing loss is rated as noncompensable.,Initial compensable ratings are granted for left and right ankle disabilities, effective prior to January 9, 2023.,A 10 percent evaluation is granted for metatarsalgia and status-post right foot navicular fracture.,Initial 30 percent evaluations are granted for left and right knee disabilities (limitation of flexion).,GERD with hiatal hernia and chronic diarrhea warrant a 30 percent evaluation.,Service connection for TBI is denied.

The Veteran's initial compensable rating for sinusitis and an initial rating higher than 10 percent for TBI are denied. The evidence does not support the assignment of a higher rating for either condition.

The Veteran's migraines are rated at 50% effective October 18, 2021. Bilateral hearing loss and TBI have been granted service connection with an effective date of October 19, 2017.

The Board has granted service connection for the Veteran's low back condition and residuals of a traumatic brain injury, including headaches, finding that these conditions are related to his military service.

The Veteran's TBI residuals are being remanded for a new VA examination to assess the current severity of his condition and determine if any symptoms are attributable to service-connected TBI or other non-service-connected conditions.

The Veteran's frostbite residuals of the hands are granted with a 20% rating from July 2, 2013 to May 11, 2016 and a 30% rating thereafter. The Veteran's right ear tinnitus is remanded for further review.,Service connection for right ear tinnitus will be determined based on the examination results.

The Board denied the Veteran's claim for service connection for residuals of an in-service head injury, including a TBI, due to lack of evidence and failure to report for a VA examination.

The Board has withdrawn the claims for increased ratings for PTSD, TBI, and right shoulder disability. The claim for service connection for sleep apnea (OSA) is remanded due to insufficient medical evidence of a current diagnosis.

The Veteran's appeals for higher disability ratings and earlier effective dates have been dismissed as withdrawn. The claims of service connection for allergic rhinitis, sleep apnea, left shoulder arthralgia, right shoulder arthralgia, left knee arthritis, and right knee arthritis are remanded.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and medical opinions. The issues include left knee condition, right knee condition, frostbite residuals of the feet, and bilateral shin splints.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining medical opinions regarding his headaches, sleep apnea, and left leg disability.

The Veteran's claim for an increased rating for PTSD with TBI is denied as the current maximum schedular rating of 100 percent has been assigned since August 31, 2017.,The Veteran's claim for an effective date prior to August 31, 2017 for a 100 percent rating for PTSD with TBI is denied as the earliest date service connection was granted is August 31, 2017.,The Veteran's claim for an increased disability rating for headache disability is denied as the current maximum schedular rating of 50 percent has been assigned since November 20, 2018.,The Veteran's claim for an effective date prior to November 20, 2018 for a 50 percent disability rating for headache disability is denied as the earliest date service connection was granted is November 20, 2018.,The Veteran's claim for an effective date prior to August 31, 2017 for SMC based on housebound criteria is denied as he did not meet statutory or housebound-in-fact criteria before that date.

The Veteran's PTSD with TBI is granted a 100% disability rating, and other service-connected disabilities are rated appropriately. The issue of entitlement to TDIU due to service-connected disabilities is dismissed.

The Veteran's appeal involves the need for a new VA examination to assess his TBI and Parkinson's disease, as well as obtaining medical opinions regarding service connection. The issues of increased rating for TBI and service connection for Parkinson's disease are remanded.

The Board has determined that new and material evidence has been received to reopen the previously denied claim for service connection for a back disorder. The claims for service connection for other conditions are being remanded for further development.

The Board has remanded the Veteran's claims of service connection for frostbite on the bilateral feet, a back condition, and left knee replacement due to insufficient evidence in the record.

The Board has remanded the cases for additional development, including scheduling an examination to assess the Veteran's PTSD and TBI. The effective date issue is also deferred pending receipt of additional evidence.

The Board has dismissed the appeal for service connection of Traumatic Brain Injury due to the Veteran's withdrawal. The issue of service connection for Acquired Psychiatric Disability is remanded for further development.

The Veteran's claim for service connection for a traumatic brain injury (TBI) is denied due to the lack of evidence supporting a current diagnosis.,The Veteran's claim for an initial rating in excess of 50 percent for obstructive sleep apnea is also denied.