Traumatic brain injury (TBI) decisions — 2024

The Board has remanded several claims related to service connection, effective dates, and ratings for various conditions including sinusitis, tinnitus, left ear hearing loss, a scalp scar, traumatic brain injury (TBI), PTSD, and alcohol abuse disorder. The AOJ is instructed to consider all additional evidence received since the last adjudication in February 2020 and March 2020.

The Veteran's claim for a higher rating of his service-connected residuals of traumatic brain injury and migraine headaches is granted, effective from May 24, 2016. However, the TDIU claim is denied as the Veteran has been found to be able to secure and maintain substantially gainful employment.

The Veteran's TBI and associated psychiatric disorder are granted with a 10 percent rating from May 29, 2014 to May 29, 2015. For the period from May 29, 2015 to July 27, 2023, he is granted a 70 percent rating for PTSD and TBI.

The Veteran's claims for service connection for sleep apnea and bilateral foot disability (claimed as frostbite of the feet) are remanded due to insufficient medical opinions regarding their relationship to service. Additional VA treatment records must be obtained, and new medical opinions are needed to address whether these conditions are related to toxic exposure risk activities or service-connected disabilities.

The Veteran's claims for residuals of frostbite of the bilateral feet, right ankle disability, left leg disability, and right leg disability have been granted.,The Veteran's claim for a right ankle disability has been denied.

The Veteran's service-connected PTSD, anxiety, and depressed mood are granted. His OSA is rated at the maximum allowable rating of 50 percent. The right ankle sprain and TBI residuals as of April 18, 2019, each receive a 50 percent rating.

The Veteran's appeal is remanded for further development, including obtaining additional medical records and conducting retrospective and current examinations to assess her TBI residuals and headaches.

The Veteran's petition to reopen claims for TBI, PTSD, and various orthopedic disabilities have been granted. The cases are now remanded for further development.,The Board has determined that new evidence supports reopening the claims but cannot definitively link the conditions to service without additional examination.

The Board has remanded the case for further development, including obtaining additional medical records and conducting a VA examination. The Veteran's service-connected disabilities include PTSD, major depressive disorder, cervical strain, degenerative disc disease of the lumbar spine with thoracic scoliosis, hemorrhoids, left knee strain, tinnitus, painful left foot scar, degenerative joint disease of the left foot with hallux valgus, Crohn's disease status post colectomy, and a right leg condition.

The Veteran's PTSD with TBI is granted a 70% evaluation, effective from the date of the March 2018 rating decision. Service connection for a prostate condition and entitlement to special monthly compensation based on aid and attendance are remanded.

The Veteran's appeal is remanded for additional examinations and consideration of his claims, including those related to migraines and PTSD with TBI residuals.,A decision on the issues will significantly impact the Veteran's entitlement to Total Disability Rating Based on Individual Unemployability (TDIU).

The Board has granted the Veteran's claim for service connection for a traumatic brain injury (TBI) and remanded the issues of increased ratings for varicose veins and entitlement to service connection for a right shoulder disability.

The Veteran's claim for a higher rating for PTSD with major depressive disorder and alcohol use disorder and TBI, as well as his initial rating for tension headaches, was denied. The appeal is remanded for further action on the issue of service connection for sleep apnea.

The Board has granted service connection for left and right upper extremity radiculopathy, as well as granted remand of the rating decisions for thoracolumbar degenerative disc condition, respiratory condition (including asthma and COPD), migraines, and TBI with photophobia.

The Board has remanded the Veteran's claims for service connection for OSA and TBI, as they are related to his service-connected PTSD. The Veteran will need additional medical opinions regarding the etiology of these conditions.

The Board has determined that the Veteran's claims for service connection, increased ratings, and SMC are inextricably intertwined due to the need for additional development. The claims will be remanded for further examination and evaluation.

The Board has denied service connection for TBI, migraines, glaucoma, loose teeth, and hemorrhoids as the evidence does not support a finding that these conditions are related to active service.

The Board has determined that the Veteran's claims for service connection for depressive disorder, TBI, headaches, right knee disorder, right shoulder condition, and neck pain are denied as they have already been addressed in his grant of service connection for PTSD.

The Board has determined that the reduction of the Veteran's TBI rating from 40% to 10% was improper and void ab initio. The issue of increased ratings for migraines prior to May 29, 2020, and in excess of 30% thereafter is remanded due to outstanding VA treatment records and an inadequate previous examination.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional medical opinions are needed to address whether his low back disability and headache disorder are related to his service-connected right ankle lateral collateral ligament sprain, left ankle lateral collateral ligament sprain, and/or bilateral pes planus.