Traumatic brain injury (TBI) Board decisions

The Board has remanded the claims for service connection for a back disability, increased initial ratings for frostbite of the left and right great toes, and TDIU due to issues with obtaining adequate medical opinions and development.

The Veteran's hypertension was not incurred during or caused by his military service.,Service connection for unspecified depressive disorder with TBI and headaches, tinnitus, and left submandibular horizontal scar is denied as new evidence does not meet the criteria for reopening the claim.,Tinnitus already has a maximum 10% rating. No higher rating can be granted.,Left inguinal hernia residual scar and status post operative left inguinal hernia repair, left knee disability, and limitation of flexion of the left knee do not meet criteria for increased ratings as they are already at their maximum schedular ratings.

The Board has granted an earlier effective date of September 15, 2008 for the award of service connection for residuals of a traumatic brain injury (TBI). The Veteran's claim for TDIU prior to October 10, 2013 is also remanded.

The Veteran's claims for service connection for frostbite of the upper and lower extremities, as well as a rating in excess of 10 percent for residuals of shell fragment wound (SFW) of the left foot, have been denied.,Additionally, the Veteran's claim for a compensable rating for his left foot scar based on its area from May 31, 2023, and a rating in excess of 10 percent for his painful left foot scar from that date, were also denied.

The Veteran's bilateral ankle disability manifested by pain is granted as service connection, but his right ear hearing loss and bilateral leg disability (claimed as shin splints) are denied. The Board has remanded the claims for bilateral leg disability and residuals of TBI.,Service connection for residuals of traumatic brain injury (TBI) is also remanded.

The Veteran's tinnitus and bilateral hearing loss are granted as service-connected.,However, the claim for a neurocognitive disability, including TBI, is remanded due to pre-decisional duty to assist errors.

The Veteran's appeal to restore a separate 10 percent rating for Traumatic Brain Injury (TBI) from November 19, 2018 was denied. The AOJ combined the TBI rating with his PTSD rating in June 2019.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's TBI. The claim will be returned for further examination and opinion.

The Board has decided to remand the claims for service connection due to overlooked issues and unavailability of service treatment records. The Veteran's exposure to contaminated water at Camp Lejeune is acknowledged, but no presumptive diseases are listed as related to this exposure.

The Veteran's claim for a compensable rating for service-connected bilateral hearing loss has been denied.,The Veteran's claim for an evaluation in excess of 50 percent disabling for PTSD with TBI is remanded due to inadequate examination and potential Social Security Administration records not being obtained.,The Veteran's claim for a total disability evaluation due to individual unemployability (TDIU) is remanded as it is intertwined with the other claims.

The Veteran's thoracolumbar spine disability and frostbite of the feet have been remanded for further evaluation.,Service connection for left rotator cuff tear, residual fracture of the sternum, and residuals of broken fingers are also being remanded.

The Veteran's claim for service connection for migraine headaches was reopened, and the Board granted service connection for TBI with residual seizures and headaches. The issues of right shoulder disability, left shoulder disability, and basic eligibility for DEA benefits were remanded.

The Veteran's TBI residuals are rated at 10 percent, effective from the date of the July 2023 rating decision. The Veteran also has service connection for PTSD and migraine headaches.

Service connection is granted for migraine headaches and pes planus. The Veteran's sinusitis, anxiety, chest pains, neck disability, radiculopathy in the left upper extremity, and residuals of a head injury/ TBI are being remanded for further development.,The Board has determined that additional evidence is needed to properly adjudicate the claims of service connection for sinusitis, an acquired psychiatric disorder (claimed as anxiety), chest pains, neck disability, radiculopathy in the left upper extremity, and residuals of a head injury/ TBI.

The Veteran's service-connected TBI and depressive disorder do not meet the criteria for SMC (t) as he does not require higher level care on a daily basis, thus his claim is denied.

The Board has denied the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) as there is no persuasive evidence that his current condition began during or was caused by an in-service motor vehicle accident.

Service connection for TBI, OSA, and left shoulder strain has been granted.,Effective dates have not been established for the above conditions.

The Board has remanded the case due to missing VistA imaging records and private neurology records, which may affect the rating for TBI.

The Veteran's PTSD with TBI was not productive of symptoms and impairment that most nearly approximated total social and occupational impairment, thus the claim for a higher rating is denied.

The Veteran's claims for increased ratings for posttraumatic headaches and residuals of traumatic brain injury were denied because he failed to attend the scheduled VA examinations without providing good cause.