Traumatic brain injury (TBI) Board decisions

The Board has granted a 10 percent rating for the Veteran's service-connected TBI, but has remanded to determine if a higher rating is warranted. The issue of entitlement to TDIU has also been added and will be addressed in the REMAND section.

The Veteran's diabetes mellitus, type II is granted based on direct evidence of herbicide agent exposure. The low back disorder, headache disorder, and residuals of frostbite are remanded for further examination.

The Veteran's PTSD with polysubstance abuse and TBI was rated at 70 percent prior to May 19, 2023. The appeal is denied.

The Board has determined that additional development is needed for the Veteran's claims of a higher rating for TBI, service connection for psychiatric impairment as secondary to TBI, and TDIU. The Veteran will need to provide SSA records and undergo new examinations to determine the current severity of her TBI and whether her stomach problems and blurred vision are residuals of her TBI. An opinion is also needed regarding whether her psychological impairment is at least as likely as not proximately due to or aggravated by service-connected TBI.

The Board has determined that there are outstanding private treatment records and VA treatment records that need to be obtained, as well as a VA examination for the Veteran's hearing loss, skin disorder, GERD, and hiatal hernia. The claims for service connection will be remanded for these actions.

The Board has remanded the cases for further development and examination to determine if service connection can be established for a traumatic brain injury, bilateral hip condition, and back condition.

The Board has determined that additional evidence is needed to determine if the Veteran's death was caused by a service-connected disability, and whether any service-connected psychiatric disorder contributed to his substance abuse disorder or contributed to his death.

The Veteran's TBI residuals, including tinnitus, migraine headaches, right hand motor deficit, and neurocognitive disorder, have been granted increased ratings. The effective date for these increases is October 23, 2008.

The Veteran's TBI has been rated at 40 percent, and the Board found that a higher rating is not warranted based on his symptoms. The PTSD was considered to be the primary contributor to his disability picture.

The Veteran's claim for a higher disability rating for his mild traumatic brain injury (TBI) prior to August 31, 2020 is being remanded due to the need for a retrospective medical opinion.

The Board has denied service connection for a Traumatic Brain Injury (TBI) as there is no current disability and the evidence does not support a finding of a TBI incurred in or aggravated by service.

The Veteran's claim for service connection for a left shoulder disability is denied as there is no evidence of an in-service injury or disease related to the condition.,The Veteran's claim for increased rating for right knee instability from January 25, 2015 to June 29, 2021 is denied as his symptoms do not meet the criteria for a higher rating.

The Veteran's service connection claims for tinnitus, traumatic brain injury, and acquired psychiatric disability are all granted. The claim for traumatic brain injury is denied.

The Veteran's claim for service connection for PTSD has been reopened. The appeal of the rating in excess of 20 percent for left knee instability is dismissed. The claims for service connection for acquired psychiatric disability, to include PTSD and depression or TBI, are remanded.

The Board has remanded the claims for an initial rating in excess of 50 percent for PTSD, service connection for TBI, and service connection for tinnitus due to additional evidence received after the December 2019 Statement of the Case.

The Veteran's claim for service connection for tinnitus has been reopened, and the Board finds new and material evidence sufficient to reopen the claim. The claims of entitlement to increased ratings for TBI and tension headaches are remanded due to a lack of recent VA examinations. The issue of service connection for tinnitus is also remanded as there is conflicting medical evidence regarding whether the Veteran currently has tinnitus.

The Veteran's TBI is rated at 0 percent, as there are no cognitive or psychological symptoms attributed to a TBI. The Board found that the evidence does not support an increase in rating for his service-connected TBI.

The Veteran's petition to reopen his previously denied claims for left knee disability, TBI, left wrist disability, cervical spine disability, and a left hip disability (secondary to right hip) was denied due to lack of new and material evidence. The Board found that the Veteran did not have current diagnoses or functional impairment related to these conditions.

The Veteran's claim for service connection for residuals of a traumatic brain injury, also claimed as headaches is remanded due to the need for a new VA examination to address whether his current headaches are related to a head injury or concussion in service.

The Veteran's claims for service connection have been granted, with effective dates ranging from March 16, 2001 to January 4, 2008. The conditions were related to his military service and the VA has assigned full ratings (100%) for all granted issues.