Traumatic brain injury (TBI) Board decisions

The Veteran's appeal was denied as he did not cooperate with the VA examinations and failed to provide medical records, resulting in a lack of sufficient evidence to decide his claims.

The Board has denied service connection for residuals of TBI and remanded the issue of direct service connection for headaches due to a lack of medical evidence establishing a link between the Veteran's in-service injury and current symptoms.

The Board has remanded the claims for hernia, low back condition, TBI, right ankle disability, and right wrist disability due to lack of substantial compliance with previous remand directives.

The Board has remanded the case due to issues related to increased ratings for post-traumatic headaches and TBI-related cognitive impairment, as well as inextricably intertwined PTSD claims. The Veteran's appeal will be considered together with these issues.

The Board denied service connection for tinnitus, cervical spine disability, thoracic spine disability, low back disability, right hip disability, left hip disability, traumatic brain injury (TBI), headache disability, right upper extremity radiculopathy, left upper extremity radiculopathy, and right lower extremity radiculopathy as the evidence did not support a causal relationship between these conditions and service.,The Board found that there was no credible evidence of an in-service injury or incident related to the claimed disabilities.

The Board has remanded the claims for initial ratings for TBI and headaches, as well as a separate rating for migraine headaches. The RO must readjudicate these issues after considering the April 2019 VA examinations and addressing any potential hearing requests from the appellant.

For the period before January 20, 2015, a disability rating higher than 20 percent for seizures is denied.,For the period between January 20, 2015 and August 18, 2020, a disability rating higher than 40 percent for seizures is denied.,For the period between August 18, 2020 and August 22, 2022, a 100 percent disability rating for seizures is granted.,For the period since August 22, 2022, a disability rating higher than 80 percent for seizures is denied.,Effective April 27, 2016, a 10 percent rating for cognitive impairment due to TBI is granted.,Effective April 25, 2022, a 70 percent rating for cognitive impairment due to TBI is granted.

The Veteran's PTSD is rated at 70% and denied a higher rating.,Service connection for the left knee condition is denied.

The application to reopen a claim for service connection for residuals of a head injury with seizures (also claimed as TBI) is denied.,Secondary service connection for tinnitus is granted, but secondary service connection for headaches is denied.

The Board has remanded the case for further development due to inconsistencies in medical opinions and examinations. The Veteran's TBI and PTSD are being evaluated, with specific focus on symptoms from April 28, 2014 to the present.

The Veteran's residuals of a traumatic brain injury are rated at 10 percent prior to July 21, 2020. Beginning July 21, 2020, the rating is denied as his condition does not warrant a higher rating.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence.,Service connection is being remanded for further review on these issues.

The Board has remanded the case due to insufficient development and lack of an opinion on whether TBI manifestations are distinguishable from non-service-connected mental health conditions.

The Board denied requests for earlier effective dates for service connection of Traumatic Brain Injury and a neck disability, finding that the earliest diagnoses occurred in April 1973 and April 2001 respectively, and thus the earliest date entitlement arose. The effective dates were set at March 17, 2016, for TBI, and February 24, 2012, for neck disability.

The appeal regarding entitlement to a higher rating for TBI is dismissed. A rating in excess of 10 percent for tinnitus is denied. The remaining issues are remanded.

The Board denied the Veteran's claim for service connection for head trauma, finding no evidence of a current TBI or residuals thereof. The Veteran was granted service connection for posttraumatic stress disorder (PTSD) and a deviated septum with sinus septoplasty.

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including higher ratings for depression with anxiety disorder and TBI, as well as propriety of reduction in right shoulder and headache ratings. The claims are being returned to the AOJ for further examination and consideration.

The Veteran's initial ratings for left and right knee chondromalacia have been granted at 10 percent. Separate 10 percent ratings have also been granted for left and right knee instability. Service connection has been remanded for several conditions, including shoulder disorders, ankle disorder, foot onychomycosis, TBI residuals, and PTSD.

The Board denied the Veteran's claims of service connection for TBI, Seizure Disorder, PTSD, and an acquired psychiatric disability other than PTSD (Major Depressive Disorder) due to lack of new and material evidence.

The Veteran's appeal for an increased disability rating and TDIU benefits are being remanded due to the need for additional VA medical records, a new examination, and completion of forms for TDIU.