Traumatic brain injury (TBI) Board decisions

The Veteran's service-connected TBI and headaches have prevented him from maintaining substantially gainful employment since August 29, 2012. The Board granted a total disability rating based on individual unemployability (TDIU) effective that date.

The Veteran's TBI is associated with level 1 subjective complaints, which mildly interfere with work and other close relationships. The Board granted a compensable rating for the condition prior to January 8, 2021, but denied an increased rating from that date.

The Board has remanded the case for another VA examination to determine the current severity of the Veteran's service-connected psychiatric disability, including assessing symptoms such as impaired impulse control and outbursts of anger.

The Veteran's claims for higher ratings for TMJ, TBI, and PTSD have been denied. The claim for an initial compensable rating for post-traumatic headaches prior to May 20, 2022, has also been denied.

The Veteran's claim for an increased rating for residuals of a service-connected TBI is remanded due to the need for objective neuropsychological testing and a full VA examination.

The Veteran's TBI and PTSD symptoms have worsened since his last VA examination in 2017, and a new VA examination is needed to determine the current severity of his service-connected TBI.

The Veteran's service-connected PTSD and TBI disabilities were evaluated as a single disability, resulting in an increased 70 percent rating from August 16, 2016 to March 2, 2018.

The Board found that the Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, thus denying his claim for TDIU.

The Veteran's appeals for service connection for a TBI, headaches, and ischemic stroke residuals have been dismissed as the Veteran withdrew his claims during a hearing.

The Board has determined that additional evidence is needed for the claims of PTSD, broken right hand, left knee injury, TBI, and scar on the back of the head. The Veteran will need to provide updated VA treatment records and undergo examinations to determine the current severity of his service-connected PTSD, assess whether any diagnosed right-hand disabilities are related to his service-connected PTSD, evaluate the etiology of any left knee conditions, clarify whether the Veteran has a TBI, and determine if there is a scar on the back of his head. The claims will be remanded for these actions.

The Board has determined that the Veteran's TBI, which occurred during service, is a current disability and was incurred in service. Therefore, service connection for residuals of a traumatic brain injury is granted.

The Board has denied the Veteran's claims for service connection for a traumatic brain injury, constricted left pupil, dizziness, imbalance, and memory loss as these conditions are not found to be related to his in-service head trauma.

The Board has denied the Veteran's claim for service connection for a traumatic brain injury as there is no current diagnosis of such a condition.

The Veteran's PTSD with alcohol use disorder and TBI residuals are granted a 100% rating effective April 26, 2016. A 30% rating is granted for nephrolithiasis. Service connection for radiculopathy of the right lower extremity is denied.

The Board has remanded the case due to additional evidence being associated with the claims file and a request for clarification from the Veteran regarding his TDIU claim. The case will be readjudicated after receiving the requested information.

The Veteran's residuals of a traumatic brain injury, including memory loss, are granted as they are related to and began during a period of inactive duty for training (INACDUTRA).,Service connection is also granted for gastroesophageal reflux disease (GERD) as it had its onset in service.

The Board denied the Veteran's claim for service connection for residuals of an in-service TBI, migraine headaches, and seizure disorder due to a lack of evidence linking these conditions to his military service.

The Veteran's appeal has been withdrawn for the issue of increased rating for degenerative disc disease. The claim for service connection for frostbite of the feet (now claimed as residuals from cold weather injury) is reopened, but denied on the merits. Service connection for tinnitus and bilateral hearing loss are remanded due to insufficient evidence.

The Board has determined that the medical opinions provided are inadequate and remands the case for further development, including obtaining additional medical records and providing new examination and opinion.

The Veteran's claims for increased ratings and rating reduction are being remanded due to the need for additional information regarding the competency of the VA examiners who provided the examination reports used in the previous decisions.