Traumatic brain injury (TBI) Board decisions

The Board has remanded the Veteran's claims for increased ratings for headache disability, acquired psychiatric disorder, and TBI due to an evidentiary window issue. The Veteran will be provided another opportunity to submit evidence within the August 2020 HLR rating decision.

The appeal is remanded to provide the Veteran with needed VA examinations and address concerns raised by the Court decision regarding his claims for service connection.

The Board has determined that there was a pre-decisional error in the May 2022 VA examination, as it did not address whether the Veteran's sleep apnea is related to her service-connected left orbital fracture and TBI. The case is being remanded for an addendum opinion from an appropriate clinician.

The Board has decided to remand the case due to a failure to schedule a VA examination and obtain a medical nexus opinion regarding the Veteran's TBI. The examiner should determine if there is at least as likely as not that the Veteran's TBI and related residuals are related to his military service.

The Veteran withdrew his appeal for a disability rating greater than 30 percent for service-connected posttraumatic stress disorder with panic attacks and alcohol use disorder and traumatic brain injury.

The Veteran's claim for a 50 percent rating for PTSD and TBI with vertigo was granted, effective from August 27, 2020. The Board found that the earlier effective date is warranted based on the date of receipt of the claim.

The Veteran's claim for higher level SMC under 38 U.S.C. § 1114(k) was denied as there is no evidence of anatomical loss or use of a hand, foot, buttocks, additional creative organs, blindness, deafness, absence of air and bone conduction, aphonia, or loss of breast tissue during the period on appeal. The Veteran's claim for higher level SMC under 38 U.S.C. § 1114(o) was dismissed as moot due to already having SMC under subsection (l).

Service connection for sinusitis is granted as of August 10, 2022. The Veteran's right hip strain (limited extension) claim was denied due to the maximum schedular disability rating already being assigned.

The Veteran's service-connected disabilities, including left-hand tremors associated with TBI, prevent him from securing or following substantially gainful employment effective December 9, 2023.

The Veteran's claims for right leg nerve damage, TBI, migraines, and postural dizziness are being remanded due to pre-decisional duty to assist errors.,Specifically, the VA examinations and opinions need to be corrected to address the nature of the disabilities and their relationship to service.

The Veteran's TBI and related residuals, as well as his headaches including migraines and migraine variants, are granted service connection due to aggravation of pre-existing conditions during active service.

The Board has remanded the claim of a compensable rating for the Veteran's traumatic brain injury (TBI) due to the need for an examination and consideration of whether symptoms are attributable to TBI versus PTSD.

The Veteran's PTSD with comorbid unspecified depressive disorder, alcohol use disorder, and TBI is rated at a 70 percent disability rating from June 19, 2018 to September 3, 2019. The appeal for higher ratings was denied.

The Veteran's appeals for higher disability ratings were dismissed due to his withdrawal of the appeal.

The Board has decided to remand the service connection claim for obstructive sleep apnea due to its complexity and need for additional medical opinions.

The Board denied the veteran's claims for earlier effective dates and increased ratings, finding no evidence of worsening conditions or entitlement to a higher rating within the one-year look-back period.

The Board denied service connection for traumatic brain injury (TBI) and remanded issues related to a compensable rating for a nasal fracture, memory impairment, headaches, sinusitis, and total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's claim for a higher rating for PTSD with TBI is being remanded due to the failure to schedule and conduct a VA examination as requested. The case will be returned to the AOJ for corrective action.

The Veteran's claims for PTSD, head concussion/TBI, residuals of a head injury (claimed as dizziness), chronic post traumatic headaches, and sleep apnea are being remanded due to the submission of new and relevant evidence.,Verification of in-service stressors is required for the Veteran's PTSD claim. The AOJ will attempt to verify these stressors.

The Veteran's claim for SMC based on the need for aid and attendance prior to December 15, 2021 was denied as there is no evidence showing he required regular aid and assistance due to his service-connected disabilities.